Explained: The Model Code of Conduct

The Election Commission of India is given the power to supervise and conduct free and fair elections by Article 324 of the Indian Constitution.  Image: Reuters/Adnan Abidi/File Photo
 
As the two newly appointed election commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu, take charge, the Election Commission of India will announce the schedule for the general elections 2024 and assembly elections in some states on March 16. The announcement of election schedules will bring into force the Model Code of Conduct, which will be in effect until the announcement of election results.
 
The Model Code of Conduct is a set of guidelines by the Election Commission of India for political parties and candidates to maintain decorum in their campaigning. If the Election Commission finds a party or candidate in violation of the Model Code of Conduct, it can take measures from issuing a warning to ordering an FIR against the concerned party or candidate.

Guidelines under Model Code of Conduct

The Mode Code of Conduct mandates all parties not to engage in an activity or deliver a speech that can create tension or hate between different communities, castes, or religions. Further, no party can appeal for votes on caste, religious or communal grounds. Additionally, places of worship such as mosques, temples, and churches cannot be used by political parties or candidates for electioneering purposes.
 
The Model Code of Conduct prohibits criticism of the private life of a candidate, and all criticism must be confined to the policies, work, and programmes of a candidate or party. Similarly, a candidate or party cannot take a demonstration or procession to an individual's house for his protesting opinion.
 
The MCC says that parties and candidates must ensure that their supporters do not obstruct the meeting or procession of other parties or candidates. Also, they cannot use private land or buildings for processions or meetings without the permission of their owners.

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The Model Code of Conduct says that a party or candidate needs to inform the local police in advance before organising a meeting or procession. It needs to notify the local police about the place, timing, and route of the meeting and procession.
 
A minister or other ruling party leaders cannot use official machinery, such as aircraft or vehicles, for their electoral campaigning once the Model Code of Conduct is implemented. Also, the ruling party or its leaders cannot monopolise public infrastructure such as maidans, helipads, guesthouses, etc. Other political parties or candidates will have equal access to these places. Additionally, the ruling party cannot advertise at the cost of the public exchequer for its political campaigning or achievements of its government.

Model Code of Conduct guidelines keep changing to address contemporary issues. The rise of social media has led to an evolution in the guidelines. In its latest guidelines under the Model Code of Conduct on March 1, the Election Commission of India emphasised the guidelines for social media campaigning. It said that a party or candidate cannot post or share a remark against its rival that is insulting and below dignity. Similarly, an advertisement masquerading as news or misleading advertisements can't be shared on social media.

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The Election Commission of India is given the power to supervise and conduct free and fair elections by Article 324 of the Indian Constitution. The Model Code of Conduct was first introduced by the Election Commission in the assembly election in Kerala in 1960. In 1962, the Election Commission introduced the Model Code of Conduct for general elections. The guidelines of the Model Code of Conduct were made stricter by the Election Commission in 1991 after repeated flouting of norms by political parties.
 
The Model Code of Code is inherently an obligatory guideline and cannot be used as a wholesome rulebook before a court of law. The warnings by the Election Commission are the general course of action in case of violation of the Model Code of Conduct. However, if violations fall under the Indian Penal Code, 1860, and the Representation of the People Act, 1951, then there are many serious repercussions, and the violator could even go to jail.