Context: Election Commission of India has issued detailed guidelines related to key activities for conducting upcoming General Elections and bye-elections in various States and Union Territories during the period of COVID-19 Pandemic.

• As we know that COVID-19 cases are increasing and for upcoming general elections or bye-elections, the Election Commission of India has issued guidelines. Some of the guidelines for holding elections during COVID-19 pandemic are door-to-door campaigns with only five people and gloves for voters before they press the button at electronic voting machines, etc.
• The guidelines laid down strict compliance norms that to be followed by Candidates and officials conducting the Elections. Those who violate or found violating the instructions on COVID-19 measures even during the campaign process will be liable to be proceeded against, as per the provisions of the Disaster Management Act, 2005.

Guidelines issued by the Election Commission during COVID-19 pandemic to conduct elections 
Highlights of the guidelines are as follows:

• During election-related activities, every person shall wear a face mask.
• At the entry of hall/room/premises that are used for election purposes, thermal screening to be carried out. Sanitizer, soap, and water shall also be available.
• It is necessary to maintain social distancing as per the COVID-19 guidelines of the state government and the Ministry of Home Affairs.
• To ensure social distancing norms, large halls should be identified and utilised.
• For the movement of polling personnel, an adequate number of vehicles shall be mobilised, security personnel to ensure compliance of COVID-19 guidelines.
• Through online mode for the first time, the candidates will be allowed to deposit the security money for contesting elections at the designated platform.
• In a decentralized manner in large halls, the training of elections officials shall be organised. Also, online modules of training will be used as far as possible.
• All the necessary forms will be made available on the website of CEO and DEO for the candidates including the nomination form and affidavit.
• Only two people and two vehicles will be allowed to accompany a candidate while filing the nomination papers.
• To caste vote, all the voters will be given gloves to sign voter register and press the EVM button to cast vote.
• Those running temperatures and even COVID-19 positive patients shall be facilitated to vote in the last hour of the poll.
• Only 1000 voters are allowed in the polling station at a given point in time instead of the current norm of 1500 voters.
• A maximum of 5 people including candidates is going to be allowed for door to door campaign.
• In roadshows, not more than 5 vehicles to be allowed. Public rallies to be held in grounds pre-identified by district election officer.
• For the state, district, and assembly constituency, nodal officer to be designated to oversee enforcement of COVID-19 safety measures.
• Returning Officer will have to maintain a reserve pool of polling, counting, and other staff to replace election staff who show symptoms of COVID-19 infection.
• Only two people and two vehicles can accompany a candidate to the election office to file papers.
• The chamber of Returning Officer should have sufficient space to perform the functions of nomination, scrutiny, and symbol allocation following social distancing norms.
• A detailed comprehensive plan COVID-19 related will also be prepared at the state level by taking local conditions into account.

So these were the highlights of the guidelines issued by the Election Commission for the upcoming General Elections and bye-elections in several States and Union Territories amid COVID-19 pandemic.
What is Election Model Code of Conduct?

• Model Code of Conduct (MCC): The Election Commission of India releases the guidelines to conduct free and fair election in the country. These guidelines are also called election Model Code of Conduct (MCC).
• Election Commission of India is a permanent and independent body. It is responsible for conducting the election of the Parliament, State Legislature, President and Vice President of India.

What is the Model Code of Conduct?

• The Election Commission of India releases the guidelines to conduct free and fair elections in the country. These guidelines give an overview to the political parties and candidates about what “do and don’t” before and during the election.

The General Conduct for all Political Parties and Candidates are as follows;

• No political party or candidate can secure votes on the basis of caste and religion. That is the reason that temples, mosques, churches and other religious places shall not be used for election propaganda/campaigning.
• No political party or candidate shall be involved in any such activity so that there is an atmosphere of hatred and tension among the people of different castes and religions.
• Political Parties and candidates will have the right to criticize the policies and programs, past records and work of their opposition parties. Parties and candidates shall refrain from commenting on the personal life or family of any candidate.
• Threatening voters, giving bribe, campaigning in the periphery of 100 meters from polling booths, organizing a public meeting within 48 hours of polling, and arranging transport “to and from” the polling booths is also prohibited.
• No political parties or candidates shall permit his followers to use the land, building, compound, wall, a vehicle without the permission of the property owner for pasting pamphlets, banners, displaying party flags, writing slogans etc.
• Political parties or candidates shall ensure that their supporters neither obstruct the meeting and rally of the opposition parties or candidates nor distribute pamphlets in the meeting organised by the opposition parties.
• Political parties or the candidates shall have to seek prior permission from the police or concerned authorities of the area before organizing the meeting at any place so that traffic and other necessary arrangements can be made.
• If a Political party or a candidate is about to organize the procession, then ‘it or he’ has to inform; (about its time, the path of procession, place of starting of the procession and the place where the procession will end) to the concerned authorities.
• Political parties or candidates shall ensure that the identity slip given to the voters on the day of polling shall be printed on the plain (white) paper.  The Slip shall not have a name/symbol of any political party or the candidate.
• The ruling party shall not have a monopoly over public places, helipads, and aircraft, the candidates of other parties will also be able to use them with the same conditions as the ruling party is following.

Election Commission Mandate

• The Election Commission (EC) of India is mandated under law to hold elections at any time within six months before the five-year term of the Lok Sabha or Legislative Assembly expires.
• The polls are timed in a way that the new Assembly or Lok Sabha is in place on the day of the dissolution of the outgoing House.
• For instance, in the case of Bihar, the EC should normally conduct Legislative Assembly elections before the end of its time on 29th November 2020.
• In the case of early dissolution, EC has to ensure a new Lok Sabha or Assembly is in place within six months of the dissolution.
• The six months is the constitutionally defined limit between two sessions of the House/Assembly (Article 85(1) and Article 174(1) of the Constitution, respectively).

Postponement of Election

• An election once called usually proceeds as per schedule. However, in some exceptional cases, the process can be postponed or even scrapped after its announcement under extraordinary circumstances.

Under Section 153 of the Representation of the People Act, 1951, read with Article 324 of the Constitution of India, the EC can extend the time for completing an election, but such extension:

• Should not go beyond the six months.
• Should not go beyond the date of the normal dissolution of the Lok Sabha or the Assembly.
• In 1991, the EC postponed the ongoing parliamentary elections for three weeks after Rajiv Gandhi’s assassination during his campaign in Tamil Nadu.
• Recently, in March 2020 elections to 18 Rajya Sabha seats were postponed by the EC due to the Covid-19 pandemic.

Grounds for Election Postponement

• Article 172(1) states that, in case of a state of Emergency, an election can be postponed for one year at a time in addition to a period of six months after the Emergency is lifted.
• There is no specific legal provision that specifies the circumstances under which elections can be deferred in non-Emergency situations.
• However, law and order, natural calamities like earthquakes and floods, or any other compelling circumstances which are beyond EC’s control can be the grounds for extension.

Legal Issues Involved

• Powers under Section 153 can be exercised only after an election schedule has been notified.
• If the EC wants to postpone Bihar elections, it will have to be done through its extraordinary powers under Article 324.
• Under Article 324 the EC will have to inform the government of its inability to hold polls on time.
• The government can decide the future course — to impose President’s Rule or allow the incumbent Chief Minister to continue for six more months.

Concept of Postal Ballots System

• Ballot papers are distributed electronically to electors and are returned to the election officers via post.
• Currently, only the following voters are allowed to cast their votes through postal ballot:
• Service voters (armed forces, the armed police force of a state and government servants posted abroad).
• Voters on election duty.
• Voters above 80 years of age or Persons with Disabilities (PwD).
• Voters under preventive detention.
• The exception to the above-mentioned category of voters is provided under Section 60 of the Representation of the People Act, 1951.

Road Ahead

• The EC could take into account the successful examples like that of South Korea which took several measures to prepare a proper plan for holding elections. South Korea conducted its election by disinfecting polling centres, and mandating voters practise physical distancing, wear gloves and masks and use hand sanitiser.
• Voters had their temperatures checked on arrival at the booths. Those who had a temperature above 99.5 degrees Fahrenheit were sent to booths in secluded areas. Covid-19-positive voters were allowed to mail their ballots, while self-quarantined voters were allowed to vote after 6 p.m.
• According to the experts the pandemic will have its effect for at least two years, postponing the election for such a long period will go against the spirit of the democracy.