Model code of conduct was 1st introduced within the state assembly elections in Kerala, 1960. Within the 1962 general elections to the Lok Sabha, the MCC was circulated to recognized parties. The MCC was for the most part followed by all parties within the 1962 elections and within the general elections. Model Code of Conduct could be a set of tips issued by the committee of Asian nation for conduct of political parties and candidates throughout elections with relation to day and booths, portfolios, election manifestos, processions and general conduct. The MCC is operational from the date that the election schedule is announced till the date that results are announced. Thus, for the general elections this year, the MCC came into force on March 10, 2019, when the election schedule was announced, and will operate till May 23, 2019, when the final results will be announced.
The Model Code of Conduct schedule by the commission for the requirement of guaranteeing free and truthful elections. Its main purpose is that ruling parties don’t misuse their position of advantage to achieve associate degree unfair edge. These tips were framed to conduct free and truthful elections within the country and these tips provide a summary to the political parties and candidates concerning what to try to and what to not do before and through the election.
What area unit the key provisions of the Model Code of Conduct?
1. General Conduct
4. Polling day
5. Polling booths
7. Party in power
8. Election manifestos
• General Conduct
1. No party or candidate shall embody in any activity which can violate variations or cause tension between totally different castes and communities.
2. There shall be no attractiveness to caste or communal feelings for securing votes and also the right of each individual for peaceful and undisturbed home-life shall be revered.
3. No party or candidate shall allow its or his followers to create use of any individual’s land, building, compound wall etc., while not his permission for building flag-staffs, suspending banners, pasting notices, writing slogans etc.
1. The party or candidate shall inform the native police authorities of the venue and time any projected meeting so they create necessary arrangements for dominant traffic and maintaining peace and order.
2. A celebration or candidate shall inform ahead if there’s any restrictive or preventative order operative within the place projected for the meeting if such orders exist, it shall be followed strictly.
3. If permission or license is to be obtained for the employment of loudspeakers, the party or candidate shall apply to the authority involved well ahead and acquire such permission or license.
1. a party or candidate organizing a procession shall decide before hand the time and place of the beginning of the procession.
2. The organizers shall provide advance intimation to the native police authorities of the programme so they’re change the letter to create necessary arrangement.
3. The organizers shall take steps ahead to rearrange for passage of the procession so there’s no block or hindrance to traffic.
4. If 2 or a lot of political parties or candidates propose to require processions over a similar route or elements therefrom at concerning a similar time, the organizers shall establish contact well ahead and judge upon the measures to be taken so there shouldn’t be any clash or cause hindrance to traffic.
• Polling Day
All Political parties and candidates shall –
1. co-operate with the officers on election duty to make sure peaceful and orderly polling
2. offer to their approved staff appropriate badges and ID cards.
3. agree that the identity slip provided by them to voters should get on plain (white) paper and it shall not contain any image, name of the candidate or the name of the party;
4. There shall be restraint from serving or distributing liquor on day.
5. not permit redundant crowd to be collected close to the camps came upon by the political parties and candidates close to the polling booths therefore on avoid any tension among staff
6. Any candidate shall not show any posters, flags, symbols or the other info material.
7. No eatable shall be served or crowd allowed at the camps and get together with the authorities.
The main points of the code of conduct are:
1. the govt might not lay any new ground for comes or public initiatives once the Model Code of Conduct comes into force and also the Government bodies don’t seem to be to participate in any accomplishment method throughout the electoral method.
2. The contesting candidates and their campaigners should respect the house lifetime of their rivals and may not disturb them by holding road shows or demonstrations before of their homes. The code tells the candidates to stay it away.
3. The election campaign rallies and road shows should not hinder the road traffic and Candidates area unit asked to refrain from distributing liquor to voters. it’s a wide legendary truth in Asian nation that in election candidacy, liquor could also be distributed to the voters.
4. there’ll be poll observers to whom any complaints is rumored or submitted and ruling party mustn’t use its seat of power for the campaign functions.
Is the Model Code of Conduct de jure binding?
The model code of conduct isn’t enforceable by law however, bound provisions of the MCC could also be enforced through some statutes like the Indian legal code, 1860, Code of Criminal Procedure, 1973, and illustration of the individuals Act, 1951. The committee has argued against creating the MCC de jure binding; stating that elections should be completed inside a amount of forty five days, and judicial proceedings generally take longer, thus it’s rough to create it enforceable by law. during a report on electoral reforms, the commission determined that almost all provisions of the MCC area unit already enforceable through corresponding provisions in alternative statutes, mentioned higher than. It suggested that the MCC be created a district of the illustration of the individuals Act, 1951.
Author: Anjali Thakur,
Gitarattan international business school ip university