Knowledge Nugget | Model Code of Conduct: What parties can and cannot do during polls

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Key Takeaways:

1. Following PM Modi’s address in the midst of the polls, several opposition parties, including leaders of the Left, wrote to Chief Election Commissioner Gyanesh Kumar, alleging that the address was violative of the poll code and sought action against him.

2. Sources in the EC said the complaint would be “examined” by the Model Code of Conduct division of Commission. The poll code came into force on March 15 and will remain in place till May 4, the day votes will be counted for the five Assemblies.

Model Code of Conduct

1. The Election Commission’s Model Code of Conduct is a set of guidelines issued to regulate political parties and candidates prior to elections. The rules range from issues related to speeches, polling day, polling booths, portfolios, content of election manifestos, processions and general conduct, so that free and fair elections are conducted.

2. Notably, a version of the MCC was first introduced in the state assembly elections in Kerala in 1960. It was largely followed by all parties in the 1962 elections and continued to be followed in subsequent general elections. In October 1979, the EC added a section to regulate the ‘party in power’ and prevent it from gaining an unfair advantage at the time of elections.

3. The MCC comes into force from the date the election schedule is announced until the date that results are out. 

Restrictions imposed under the Model Code of Conduct

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

2. 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.

3. 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.

4. 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.

5. 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.

6. 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.

7. 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.

Is the Model Code of Conduct legally binding?

1. The fact is the MCC evolved as part of the ECI’s drive to ensure free and fair elections and was the result of a consensus among major political parties. It has no statutory backing. Simply put, this means anybody breaching the MCC can’t be proceeded against under any clause of the Code. Everything is voluntary. The EC uses moral sanction or censure for its enforcement.

2. The ECI can issue a notice to a politician or a party for alleged breach of the MCC either on its own or on the basis of a complaint by another party or individual.

3. Once a notice is issued, the person or party must reply in writing — either accepting fault and tendering an unconditional apology or rebutting the allegation. In the latter case, if the person or party is found guilty subsequently, he/she can attract a written censure from the ECI.

BEYOND THE NUGGET: Exit Polls and Opinion polls

1. The exit polls are surveys that are conducted by major media houses and independent agencies immediately after voting ends. These surveys show an early indication of voter sentiment and emerging trends. However, exit polls are not always accurate and should not be considered as the final results. 

2. As per the Election Commission of India (ECI) guidelines, exit polls cannot be released until the voting process is fully completed. This is to avoid influencing voters who are yet to vote.

3. It is important to understand that exit polls are different from opinion polls. Opinion polls are conducted before the election. There have been demands in the past for a ban of exit polls and opinion polls as they led to “undue influence” on the voters.

4. Section 126A of the Representation of the People’s Act, 1951, prohibits the conduct of Exit polls and the dissemination of their results by means of print or electronic media between the hour fixed for commencement of poll in the first phase and half an hour after the time fixed for close of poll for the last phase in all the constituencies.

5. For the opinion polls, Section 126(1)(b) of RPA, 1951 provides a prohibition on displaying any election matter, including results of any Opinion Poll or any other poll survey, in any electronic media during the period of 48 hours ending with the hour fixed for the conclusion of the poll in each of the phases of elections.

6. The violations of these provisions are punishable acts. Section 126A (3) provides that any person who contravenes the provisions of this section shall be punishable with imprisonment for a term which may extend to two years or with a fine or with both.

Post Read Question

With reference to the Model Code of Conduct (MCC), consider the following statements:

1. It is a set of guidelines issued to regulate political parties and candidates prior to elections.

2. The MCC was first introduced in the state assembly elections in Karnataka.

3. It does not contain provisions dealing with election manifestos.

How many of the statements given above are correct?

(a) Only one

(b) Only two

(c) All three

(d) None

(Sources: EC to ‘examine’ Opposition’s poll code violation complaint against PM, Model Code of Conduct comes into force for 2024 Lok Sabha elections: What does it mean?)

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