As the two newly appointed election commissioners, Gyanesh Kumar and Sukhbir Singh Sandhu, take charge, the Election Commission of India announced the schedule for the general elections 2024 today on March 16. The announcement of election schedules brought 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 that are issued by India’s Election Commission (EC) for candidates and political parties during elections. The guidelines are chiefly regarding speeches, polling booths, polling day conduct, election manifestos, processions and conduct in general.
This Code comes into effect as soon as the election schedule is announced by the EC.
What comes under the Model Code of Conduct?
The government usually doesn’t introduce any new ground for projects or public initiatives once the Model Code of Conduct comes into force.
Government bodies are prohibited from participating in any recruitment process during the process of election.
The contesting candidates and their campaigners are not supposed to disturb the freedom of roadshows of their opponent candidates. The code of conduct exercise control over this majorly.
The election campaign rallies and roadshows must not affect the road traffic and the general public.
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.
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.
