Provisions of The Model Election Code of Conduct

Election Commission

The Model Election Code of Conduct is issued by the Election Commission under its executive powers, most of whose principles are not legally recognized. All the political parties themselves have expressed mutual consent to follow it and on the other hand it is the moral duty of the Election Commission to ensure that the code of conduct is followed in support of public opinion. The Election Commission exercises its powers in accordance with the mandated responsibility of conducting free and fair elections under Article 324 of the Constitution of India. The Model Election Code of Conduct is a short, but specific document made by the Election Commission with the mutual suggestion and consent of all political parties. Its purpose is to get the cooperation of all parties and candidates in conducting peaceful elections. This is not a constitutional document. The provisions of the Model Election Code of Conduct are as follows –

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Enforcement of The Model Election Code of Conduct

Under the provisions of the Model Election Code of Conduct, firstly it is necessary to know in which areas and for how long it is applicable.

• With the announcement of the election notification by the Election Commission, the model code of conduct comes into force in that area. It remains in force in that area until the election process is completed.
• In the case of a bye election, the code of conduct applicable in that area stands withdrawn as soon as the result of the bye election is declared by the Returning Officer.
• Election code of conduct is applicable in case of election of Legislative Council related to Lok Sabha, State Legislative Assemblies, Local Bodies, Graduate Election and Teacher Election.
• In Lok Sabha elections, it applies to the whole of India and in State Legislative Assembly elections, it is applicable within the territory of the respective state, in the case of by-elections, it is applicable in the district / districts where the Legislative Assembly / Parliamentary elections are to be held.
• If the by-elections are to be held in the capital region of the states, metropolitan and municipal corporations, then it will be applicable only in the area where the by-elections are held and not in the entire district. On the contrary, if the by-elections are to be held at places other than the above mentioned places, then it will be applicable in the entire district.
• All organizations / committees, corporations / commissions, such as Electricity Regulatory Board, Commonwealth Games Organizing Committee, Water Board, Transport Corporation or any other authority, are fully or partially funded by the Central Government / State Government under the Election Code of Conduct.
• According to the Election Commission, it cannot take cognizance of the misuse of government machinery by the ruling party before or after the election period.
• When the tenure of the Legislative Assembly is prematurely dissolved, the code of conduct automatically comes into force from the role of caretaker government by the then government till the formation of the new government after re-election.

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Special Measures Taken by The Election Commission to Implement The Model Code of Conduct

In this, under the provisions of the Model Election Code of Conduct, arrangements have been made regarding transfers of various officers and provisions related to conduct by political parties.

Transfer / Posting of Officers

• Before the commencement of the election process, the Election Commission issues detailed guidelines regarding the transfer/posting of all such officers, who are directly connected with the election. In this, all such police officers, who are posted in their home district, along with those officers who have completed 3 years tenure in that district in the last 4 years, are transferred.
• According to the Election Commission –
1. The instructions related to the code of conduct will be issued only by the commission.
2. The Reserve Bank of India will continue to take RBI monetary policy decisions.
3. The Finance Ministry and other Ministries of the Government will have to take permission from the Election Commission before accepting any policy announcement, financial measures, issues related to taxation and other financial relief.
• All such matters of the Government of India, which are proposed to be placed before the Cabinet or any Committee of the Cabinet, should be referred to the Election Commission by the Cabinet Secretariat. Similarly, all departments/subordinate offices/public sector undertakings/ministry and autonomous bodies of the department will present the matters before the Election Commission through the concerned ministry.
• In the course of the State Election, the Election Commission directs the State Governments to form an Inquiry Committee under the chairmanship of the Chief Secretary, in which the Secretaries/Principal Secretaries of the departments are included. Through the scrutiny committee, the proposal will be sent to the Election Commission for approval.

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List of Do’s and Don’ts by Political Parties during Election Period

To know the provisions related to the above title, read the written article - Political Parties 'Do's and 'Don'ts' During the Election Period.

New Scheme / Project Announcements by Government

Under the provisions of the Model Election Code of Conduct (Provisions of The Model Election Code of Conduct), there will be a ban on the announcement of new schemes / projects by the government of the ruling party after the announcement of the election. According to this, any minister or authority of the government –

1. Will not declare any financial grant.
2. Will not promise any financial grant.
3. Will not lay the foundation stone of any scheme / project.
4. Will not make any promise regarding construction of roads / drinking water facility etc.

Plains And Straits 

Publication of Advertisements

• All promotional advertisements/banners/hoardings put up by the government, which show their achievements, should be removed. Also, the photographs of MPs/MLAs should be covered in such advertisements.
• Advertisements published in the newspapers of the states where elections are to be held, showing the welfare schemes and achievements of the Central Government / State Government should be sent for the approval of the Election Commission.

Visits of Ministers and Other Dignitaries

Under the provisions of the Model Election Code of Conduct, the Election Commission has not banned the visit of ministers, but certain restrictions have been imposed to provide equal opportunities to all parties, which are as follows –

• After the announcement of the election, no minister of the state government will visit any such constituency (for official work) till the end of the election process, where the election has been announced.
• If a Union Minister is on a purely official visit to the State/District of election from his headquarters, which cannot be avoided in the public interest, a certificate to this effect shall be issued by the Secretary of the concerned Department/Ministry of the Government of India to the Chief Minister of that State. Secretary will be sent, only then the Chief Secretary of the state will be able to arrange facilities for the minister's official tour. Along with this, a copy of the certificate will also be sent to the Election Commission.
• Any minister will do his official tour along with the election work and will not use any government machinery during the campaign.
• Apart from the use of government vehicle by the minister from his headquarters to his residence, he cannot be used for any election related work.
• No minister coming for campaigning during the election period will be escorted/farewell by state government officials/district administration officials as per protocol.
• Ministers in the constituency will not hold any kind of meeting with the officers.
• Video conferencing by the Chief Minister with the district magistrates will be prohibited.
• Arrangements will not be made for the Ministers to stay in the Government / Public Guest Houses / Rest Houses / Guest Houses of the Constituency, because the guest houses / rest houses are necessary for the Election Commission's observers / other election officers to stay.
• All ministers, MPs, MLAs and other office bearers and outside workers should leave the constituency 48 hours before the polling date, that is, after the campaign for the election is over.

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Use / Acquisition of Vehicles

• There will be a ban on the use of all government vehicles. Only the officers associated with the election will be able to use the official vehicle.
• Except for security vehicles, not more than 10 vehicles will be allowed to run in the convoy at a time. The distance between 10 vehicles carrying one Minister of Central Government / State Government should be 100 meters.
• During filing nomination, vehicles will have to be parked at a distance of 100 meters from the office of the Returning Officer/Assistant Returning Officer.
• There is no limit on the number of vehicles that can be used for the election campaign, but details of those vehicles and their expenses have to be kept.
• The use of vehicles by the candidates for the transportation of voters on the polling day will be considered a corrupt practice. And this is a punishable offense under Section 123 (5) of the Representation of the People Act, 1951.
• On the day of poll in Lok Sabha election, every candidate shall –
1. The use of one vehicle for one's own use shall be permitted in the context of the entire election.
2. Apart from this, the use of one vehicle will be allowed for the use of its election agent in the parliamentary constituency.
3. Apart from this, one vehicle will be allowed for the use of their election agent or worker in each assembly constituency included in the parliamentary constituency.
• On the day of election to the State Legislative Assembly, every candidate shall-
1. One vehicle will be allowed for his own use.
2. Apart from this, one vehicle will be allowed for the use of his election agent.
3. Apart from this, one vehicle will be allowed for the use of its worker.
• The vehicle permits should be issued by the Returning Officer / District Magistrate and should be affixed on the front windshield of the vehicle.
• Candidate will be allowed to use 4 / 3 / 2 wheelers. There should not be more than 5 persons including the driver in a four wheeler ( taxi ).
• The vehicle allotted to the candidate (on the day of poll) should not be used by any other person, failing which the vehicle will be confiscated.

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Use of Helicopters /Aircraft

Under the provisions of the Model Election Code of Conduct, a complete ban has been imposed by the Election Commission on the use of helicopters by government / public sector undertakings for all other office bearers except the Prime Minister. There are no restrictions on the use of private helicopters / aircraft by all other office bearers and candidates, but it will be necessary to keep the details related to the expenditure of the aircraft.

Use of School Grounds / Government Properties

• Where there is paucity of space, use of school/college/government grounds may be permitted.
• The academic calendar of the school/college should not be disrupted.
• School/college management should not have any objection.
• Along with the school management, political parties should also take permission from the sub-divisional officer.
• In this, the school/college is allowed to use the grounds on first come first serve basis.

Use of National Flag / Political Party Flag / Political Party Banner 

There are no restrictions on hoisting / carrying the National Flag in the election campaign, but it is the moral duty of the concerned officer to use the flag code and symbol and name (Prevention of Improper Use Act 1950) and National Honor Act 1971 should be strictly followed, so that the national flag and emblem are not insulted.

Use of Loudspeaker

• Loudspeaker should not be used without prior permission (fixed on or moving vehicle).
• The use of loudspeakers will be prohibited from 10 pm to 6 am.

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Printing of Pamphlets / Banners / Posters

Under the provisions of the Model Election Code of Conduct, no person shall print/publish or cause to be published any election pamphlet or poster on which the name and address of the printer and publisher are not printed. To print or publish pamphlets –

1. Unless two copies of the declaration signed by the person and attested by two persons known to him personally are supplied to the printer, what is the identity of the publisher?
2. A copy of the declaration together with a copy of the document is not sent by the printer within a reasonable period of time after the document has been printed –
1. Where it is printed for the Chief Electoral Officer in the capital of the State.
2. In any other case directly to the Magistrate of the district in which it is printed.

Ban on Sale of Liquor

• There will be a ban on distribution and serving of any type of liquor.
• Liquor shops will remain closed.

Election Manifesto

The election manifesto of political parties and candidates should be in accordance with the provisions of the Election Commission.

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