Model Code of Conduct

2020 OCT 27

Preliminary   > Polity   >   Election   >   Elections

What is the Model Code of Conduct?

  • The Model Code of Conduct for guidance of political parties and candidates is a set of norms issued by Election Commission of India. 
  • MCC was first introduced in the state assembly elections in Kerala in 1960.
  • These 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.

From which date the Model Code of Conduct is enforced?

What is the applicability of code?

  • During general elections to House of People (Lok Sabha), the code is applicable throughout the country.
  • During general elections to the Legislative Assembly the code is applicable in the entire State.
  • During bye-elections, the code is applicable in the entire district or districts in which the constituency falls.

Salient features of the Model Code of Conduct

  • The salient features of the MCC lay down how political parties, contesting candidates and party(s) in power should conduct themselves during the process of elections.
  • These includes the general conduct to be followed during:
    • Electioneering
    • Holding meetings and processions
    • Poll day activities and 
    • Functioning of the party in power etc.

What restrictions do the governments have during the enforcement of the MCC?

  • Ministers cannot combine their official visit with electioneering work. They can also not make use of official machinery or personnel during electioneering.
  • No transport including official aircrafts, vehicles etc. can be used for the furtherance of the interest of any party or a candidate.
  • A total ban on transfer and posting of all officers/officials directly or indirectly connected with the conduct of the election is put in effect. If any transfer or posting of an officer is considered necessary, prior approval of the Commission must be obtained.
  • No Minister, whether of Union or State, can summon any election-related officer of the constituency or the State for any official discussions anywhere.
  • If a Union Minister is travelling out of Delhi on purely official business, which cannot be avoided in public interest, then a letter certifying to this effect must be sent from the concerned Secretary of the Ministry/Department to the Chief Secretary of the concerned State, along with a copy to the Election Commission.
  • Advertisements regarding the achievements of the party at the cost of public exchequer in print and electronic media and the misuse of official mass media are prohibited.
  • If any order has been issued by the States or the Union government with respect to any scheme but no work has begun till the MCC is in force, then no work shall be started in that respect. However, if work has actually started in the field that can be continued.
  • No fresh release of funds under MPs/MLAs/MLCs Local Area Development Fund of any scheme can be made in any area where the election is in progress, till the completion of the election.
  • Financial institutions funded, partially or wholly by the Governments shall not take recourse to write off loans advanced to any individual, company, firm, etc.

Is the Model Code of Conduct legally binding? 

  • The MCC is not enforceable by law.  
  • However, certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Representation of the People Act, 1951.

PRELIMS QUESTION

Consider the following statements regarding “Model Code of Conduct”:
1.The MCC is not enforceable by law.  
2.It is in force from the  date  of  announcement  of  election  schedule  by  the  Election  Commission
Which of the statements given above is/are correct?
(a)1 only
(b)2 only
(c)Both 1 and 2
(d)Neither 1 nor 2

Answer to prelims question
 

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