Model Code of Conduct

The Election Commission of India (ECI) on Saturday (March 16) announced that the country would vote
in seven phases from April 19 to June 1 with 96.8 crore voters participating and the results will be
announced on June 4. With this, the Model Code of Conduct (MCC) also famously known as आचार सं ता
in Hindi comes into e ect.

This thread will teach you:

1. What's MCC?
2. History of MCC.
3. DOs & DONTs for Political Parties & Govt.
4. Legal implications.
5. It’s Criticisms.
6. Major Challenges before ECI.

1. Model Code of Conduct 👇

It lays down a list of dos and don’ts for leaders and Political parties ahead of elections.

See it like this: To play a game, you need:

• Rules
• Referee

The rules range from issues related to speeches, polling day, polling booths, portfolios, the content of
election manifestos, processions, and general conduct, so that free and fair elections are conducted.

In elections game, who decides both?

Election Commission of India u/A 324 of COI

Current Chief of ECI: Shri. Rajiv Kumar

2 ECs: Shri. Gyanesh Kumar & Shri. Sukhbir Sandhu

Thus MCC are guidelines to Political parties from date of announcement of elections to date of result of
election

2. History of MCC - 👇

The Model Code of Conduct was rst used during the 1960 Assembly elections in Kerala. Following its
success, the Election Commission introduced it nationwide during the 1962 Lok Sabha elections. During
the 1991 Lok Sabha elections, the poll panel decided to enforce the MCC more strictly due to repeated
violations of election norms and concerns over corrupt practices.

Page 1 of 3 BY - SWARAJ DOSHI

ff
fi
हि
3. DOs & DONTs for Political Parties & Govt ?👇

a) Prohibition

• Bans provoking 2Cs: Caste & Communalism

• Criticize ONLY policy, past record & work
• No person's e gy burning allowed
b) Meetings & Processions

• Time & venue to be informed to authorities

• No clash of 2 candidates on same route/place

c) Polling Day

• No unauthorized entry to polling booth

• Badge & ID to authorized party workers

d) Party Manifesto

• Release as per by sec 126 of RPA 1951

• No promises against ideals of constitution
• Avoid promises that vitiate election cycle process

e) Role of Government

• Governments both central and state are prohibited from announcing new schemes, nancial grants or
making promises. No use of government resources in any manner.

f) Others

• Opinion & Exit polls are ECI regulated

• No Govt. ads featuring gures during elections
• No print ads on poll-day & a day prior w/o screening.

Polling Day Protocol: Only voters and individuals possessing a valid pass issued by the Election
Commission (EC) are permitted to enter polling booths.
• All authorized party workers stationed at polling booths must be provided with appropriate
badges or identity cards.
• Identity slips distributed to voters by these workers must be on plain (white) paper and devoid of
any symbols, candidate names, or party a liations.

Observers’ Role: The Election Commission (EC) will appoint observers who candidates may report
problems regarding the conduct of the election to.

Polling booth: Only individuals with a valid pass from the Election Commission are allowed to enter the
polling booths, aside from the voters.

Geographical Application: The Model Code of Conduct is valid throughout the poll-bound state in
case of Assembly elections.
• In the case of Parliamentary or general elections, the Model Code of Conduct is valid throughout
the country.

Page 2 of 3 BY - SWARAJ DOSHI

ffi
fi
ffi
fi
4. Is the Model Code of Conduct legally binding? 👇
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.

No statutory backing BUT:

• Legal Enforcement: The Standing Committee on Personnel, Public Grievances, Law, and
Justice suggested in 2013 that the MCC should be given legal standing by integrating it into
the Representation of the People Act, 1951.

• Enforcement through Alternative Measures: While the Model Code of Conduct itself isn’t
legally binding, certain provisions can be enforced using existing legal frameworks such as
the Indian Penal Code of 1860, Code of Criminal Procedure of 1973, and Representation of the
People Act of 1951.
• Listed as ‘electoral o ences’ and ‘corrupt practices’ under the Indian Penal Code (now known
as Bharatiya Nyaya Sanhita) and the Representation of the People Act, 1951. These actions will
attract appropriate punishment as per these laws.
• IPC & CrPC directions u/ RPA 1951

• 2013: Parliamentary Standing Committee: "Make MCC legally binding u/ RPA1951"

Recommendation by the Law Commission (2015): The Law Commission highlighted the issue of
ruling parties leveraging government-sponsored advertisements to showcase achievements
before the Model Code of Conduct is announced, potentially creating an unfair advantage.
• It recommended a ban on such advertisements for up to six months before the end of the
House/Assembly term to ensure fairness among all parties and candidates.

5. What are its criticisms? 👇

• Ine cient legal binding

• Malpractices still continue
• Unreported Cases
• Misleading Claims

6. Major Challenges before ECI: 4Ms 👇

Muscle, Money, Misinformation & MCC violation.

H'nble CEC has announced the following details:

• Criminal background candidate to publish their record thrice in news

• Political Parties to explain why they gave them ticket

Page 3 of 3 BY - SWARAJ DOSHI

ffi
ff