The Model Election Code of Conduct

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.

Mountains and It's types 

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, due to which it has no legal recognition. No punitive action can be taken for violating its rules. The Election Commission has been demanding for a long time to bring its provisions under the purview of the law, especially on the subjects mentioned in Part VII (relating to the ruling party) of the Model Code of Conduct, which is called The Model Election Code of Conduct. The Model Election Code of Conduct was first used as a trial in the 1961 elections in Kerala. Due to the good results of this experiment, it was implemented all over India.

The Model Election Code of Conduct

The Model Election Code of Conduct is a short but very specific document. There are a total of eight parts in the Code of Conduct, which are related to different issues during elections or elections. In all these eight parts, Part VII is called its soul (Soul of The Model Election Code of Conduct). He belongs to the ruling party. Its different parts are as follows –

Ministries and Departments of Govt. of India 

Part – I

In this, during the election or election campaign, political parties, election candidates and their workers and supporters emphasize on the minimum standards of good behavior and conduct. In this, the behavior done by the parties/candidates to make the voters vote in their own interest has been defined. For example, dispensing alcohol to voters, bribery, making financial gains, etc. have been mentioned. In this the mutual behavior of the parties has also been defined.

Part – II and III 

In this, the things and rules related to organizing public meetings and taking out processions by political parties and candidates (Election Candidates) have been mentioned. In this, it is expected from the parties and candidates that they will follow the rules provided for organizing public meetings and processions, so that social harmony and peace do not deteriorate. found Also, the general public should not have any problem with the meeting/procession.

Part – IV and V

In this, the conduct of political parties and candidates on the day of polling and at polling stations has been defined. In this, the behavior and work done by the workers of the parties at the polling station has been explained. It has been mentioned in this, what the workers have to do at the polling station? And what not to do?

Evolution of the Indian Constitution : Historical Background 

Part – VI

In this, political parties and candidates have been urged to bring their complaints before the observers appointed by the Election Commission, so that remedial action can be taken against them. If any rules are violated in the meetings/processions organized by other parties on the day of polling or before polling, any personal allegations are made, then observers appointed by the concerned political party Election Commission (Observer) or can file a complaint before the Election Commission, so that remedial action can be taken.

Part – VII

This is basically the soul of the Model Election Code of Conduct, which is related to the ruling parties. In this, many issues related to the government and their ministers such as Ministers Visit, Government Transport, Housing, Announcements related to Planning and Projects, etc. have been included. In this, after the announcement of the election by the Election Commission, the rules related to the use of government property by the ruling political party's ministers and office bearers, announcement of new schemes/projects, etc. were mentioned.

Part – VIII

This is a newly included part, according to which the subjects to be included in the Election Manifesto by the political parties have been mentioned. This part states that the manifesto should be completely in accordance with the provisions of The Model Election Code of Conduct. In order to attract the voters in the election, political parties give many types of temptations in their manifesto, provisions have been made in this to stop it and to make the manifesto conform to the election code of conduct.

Hoisting of The National Flag Along With The Flags of Other Nations

Provision to Enable the Provisions of The Model Code of Conduct as Per Law 

There is no legal recognition of The Model Election Code of Conduct, due to which no punitive action should be taken for not following its provisions. Therefore, its provisions have been made an enabling law under the Indian Penal Code (IPC) and the Representation of the People Act 1951. Mentioned Malpractices in the Election Code of Conduct are referred to as 'Corrupt Practices' and 'Electoral Offenses' in the Indian Penal Code (IPC) and the Representation of the People Act 1951. offense ). According to this, punitive action can be taken for non-observance of the following rules/provisions –

1. Engaging in any activity, which tends to aggravate existing differences or create hatred or tension between different castes and communities (irrespective of language or religion) is punishable under Section 123(a) of the Representation of the People Act, 1951. will be considered as 'Corrupt Practices'.
2. Using forums of temples, mosques, churches, monasteries or any other places of worship as election propaganda and appealing on the basis of caste or community to get votes, both are prohibited under the Representation of the People Act, 1951 under Section 123(3) and Section 125 are 'Corrupt Practices' and 'Electoral Offence' respectively.
3. Bribery is a 'corrupt practice' under Section 123 (1) of the Representation of the People Act 1951 and Section 171 (b) of the Indian Penal Code (IPC) respectively Corrupt Practices and 'Electoral offence'.
4. Intimidation of voters is an 'Electoral Offence' under Section 135 (a) of the Representation of the People Act 1951.
5. Casting vote in the name of another person is an 'Electoral Offence' under section 171 (d) of the Indian Penal Code (IPC).
6. Canvassing within 100 meters of a polling station is an 'electoral offence' under section 130 of the Representation of the People Act, 1951.
7. Organizing public meetings during 48 hours before the end of polling is an 'Electoral Offence' under Section 126(1) of the Representation of the People Act 1951.
8. Transporting voters by vehicles to polling stations is a 'corrupt practices' and 'electoral offense' under section 123 (5) and section 133 of the Representation of the People Act, 1951.
9. Creating disruption in the meetings and processions of other parties by workers of any party, asking questions verbally, distributing slips of their party etc. Taking out processions by a party at places adjacent to those places on which meetings are being organized by another party. Removal of any other party's poster etc. is an "Electoral Offence" under Section 127 of the Representation of the People Act, 1951.
10. Serving or distributing liquor on the day of poll or 48 hours before it is an 'Electoral Offence' under Section 135 (c) of the Representation of the People Act 1951.

The above provisions are already mentioned in the Indian Penal Code (IPC) and the Representation of the People Act 1951 and are recorded as laws. Therefore, if any political party or person has a complaint regarding misconduct, they can take recourse to the above mentioned law.

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