Context: With the Election Commission of India announcing the polling dates for the 2019 Lok Sabha Elections, the Model Code of Conduct has come into force.

Model Code of Conduct(MCC):

What is MCC? These are the guidelines issued by the Election Commission of India for conduct of political parties and candidates during elections mainly with respect to speeches, polling day, polling booths, election manifestos, processions and general conduct.

Aim: To ensure free and fair elections.

When it comes into force? So far, the Model Code of Conduct came into force immediately on announcement of the election schedule by the commission. The Code remains in force till the end of the electoral process.

Status: The need for such code is in the interest of free and fair elections. However, the code does not have any specific statutory basis. It has only a persuasive effect. It contains what is known as “rules of electoral morality”. But this lack of statutory backing does not prevent the Commission from enforcing it.

Evolution: The Commission issued the code for the first time in 1971 (5th Election) and revised it from time to time. This set of norms has been evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit.

What it contains? The salient features of the Model Code of Conduct lay down how political parties, contesting candidates and party(s) in power should conduct themselves during the process of elections i.e. on their general conduct during electioneering, holding meetings and processions, poll day activities and functioning of the party in power etc.

Drawbacks: The biggest drawback of the MCC is lack of statutory backing. This imposes limitations on Election Commission to proceed against those violating the norms of MCC. Hence Election Commission is bound to use moral sanction or censure for its enforcement.

What restrictions does the Model Code of Conduct impose?

The MCC contains eight provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos.

As soon as the code kicks in, the party in power — whether at the Centre or in the States — should ensure that it does not use its official position for campaigning. Hence, no policy, project or scheme can be announced that can influence the voting behaviour. The party must also avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.

The code also states that the ministers must not combine official visits with election work or use official machinery for the same. The ruling party also cannot use government transport or machinery for campaigning. It should also ensure that public places such as maidans etc., for holding election meetings, and facilities like the use of helipads are provided to the opposition parties on the same terms and conditions on which they are used by the party in power.

The issue of advertisement at the cost of public exchequer in the newspapers and other media is also considered an offence. The ruling government cannot make any ad-hoc appointments in Government, Public Undertakings etc. which may influence the voters.

Political parties or candidates can be criticised based only on their work record and no caste and communal sentiments can be used to lure voters. Mosques, Churches, Temples or any other places of worship should not be used for election propaganda. Bribing, intimidating or impersonation of voters is also barred.

Holding public meetings during the 48-hour period before the hour fixed for the closing of the poll is also prohibited. The 48-hour period is known as “election silence”. The idea is to allow a voter a campaign-free environment to reflect on events before casting her vote.