Lok Sabha Elections 2024: Model Code of Conduct, fines for violations, and all that you need to know

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Is the MCC Legally Binding as Statutory Law?

The MCC is not a law in itself. However, it is a set of norms issued by the poll panel to check the conduct of political parties and candidates during elections. While the MCC is not enforceable by any specific legislation passed by Parliament, violating its guidelines can still have consequences.

Many actions prohibited by the MCC, such as causing tension between different communities, appealing to caste or communal feelings for securing votes, and bribing or intimidating voters, are considered electoral offences and corrupt practices under existing laws such as the Indian Penal Code (now known as Bharatiya Nyaya Sanhita) and the Representation of the People Act, 1951. Violating these laws can result in appropriate punishment as prescribed by the legal framework.

In a nutshell, while the MCC itself is not a law, actions prohibited by it may still be punishable under existing electoral laws.

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When Does the MCC Become Effective?

The MCC is activated as soon as the poll panel announces the election schedule and remains operational until the official declaration of election results. With the announcement of the election schedule, the MCC will be enforced immediately and will remain in effect throughout the entirety of the election process.

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Here's a breakdown of its applicability:

(1) Lok Sabha Elections: The MCC applies to all stages of the election process for the Lok Sabha, the lower House of Parliament.

(2) State Assembly Elections: It is also applicable to elections for the State legislative assemblies across India.

(3) State Legislative Council Elections: The MCC is enforced during elections to the State legislative councils from local bodies, graduates’ and teachers’ constituencies.

(4) Union Territories: The MCC applies to elections in union territories as well, similar to its application in states.

(5) General Application: During the general elections, the MCC is enforced throughout India, covering all constituencies where polling is conducted.

(6) Specific State Application: In the case of legislative assembly elections, the MCC is enforced in the specific state or union territory where elections are being held.

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Expanding Boundaries: MCC's Reach Beyond Political Entities

The MCC extends its applicability beyond political parties and candidates to include various government-funded organisations, committees, corporations, and commissions. Here's how different entities are bound by the MCC:

(A) Political Parties and Candidates: All listed political parties and their candidates contesting elections are directly bound by the MCC. They must adhere to its provisions throughout the election process.

(B) Government-funded Organisations: Any organisation, committee, corporation, or commission that receives funding either wholly or partially from the central or state government falls under the purview of the MCC. These entities must also comply with its guidelines, especially concerning the use of government resources for election-related activities.

(C) Non-political Organisations Engaging in Campaigns: Even non-political organisations, such as NGOs or advocacy groups, that undertake campaigns or activities favouring a particular political party or candidate during elections are bound by specific guidelines outlined by the poll panel. These guidelines ensure that such organisations do not unduly influence the electoral process or violate the principles of fair competition.

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What are the Specific Regulations Enforced by the MCC?

The MCC imposes several regulations and constraints aimed at ensuring fair and transparent conduct during elections. Some of these include:

(I) Restrictions on Speeches and Announcements: Candidates and parties are prohibited from making inflammatory speeches, statements, or announcements that could incite communal feelings or create tensions among different groups.

(II) Prohibition of Bribery and Inducements: Offering or accepting bribes, gifts, or any other form of inducement to voters is strictly forbidden.

(III) Use of Government Resources: Candidates and parties are barred from using government machinery, resources, or personnel for campaigning purposes.

(IV) Maintenance of Public Tranquility: Activities that may disrupt public peace and tranquility, such as processions or rallies without prior permission, are not permitted.

(V) Display of Election-related Materials: The MCC regulates the display of posters, banners, and other election-related materials to prevent littering and maintain aesthetic standards.

(VI) Equal Opportunities: All candidates and parties must be provided with equal opportunities and access to public spaces for campaigning purposes.

(VII) Fair Media Coverage: Media organisations are required to provide fair and balanced coverage to all candidates and parties, without showing any bias or favouritism.

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(VIII) Transparency in Election Expenses: Candidates and parties must maintain transparency in their election expenses and adhere to the expenditure limits set by electoral authorities.

(IX) Election Manifestos: Guidelines restrict the content of election manifestos to prevent promises that could unduly influence voters.

(X) Advertisement: Advertising at the expense of public funds or using official media for partisan promotion is prohibited.

(XI) Appointments: No ad-hoc appointments should be made by the government that could sway voter opinion.

(XII) Places of Worship: Places of worship should not be used for election campaigning to maintain the sanctity of religious spaces.

(XIII) Canvassing Within 100 Metres of Polling Booths: Political parties and candidates are prohibited from canvassing for votes or soliciting support within 100 meters of polling booths on the day of voting. This is to ensure that voters are not influenced at the last moment and can freely exercise their franchise.

(XIV) Demonstrations Before Houses: Political parties are not allowed to conduct demonstrations or hold rallies in front of the houses of individuals. This is to respect the privacy and peace of residents and prevent any undue influence.

(XV) Restrictions on propaganda material: Posters, flags, symbols, or any other propaganda material are not permitted to be displayed at the polling place. This is to maintain the neutrality and integrity of the polling booths and ensure that voters can cast their votes freely without any external influence.

(XVI) Cash Disbursement Limits for Political Parties: Guidelines regarding cash disbursements for political parties have been clearly outlined, with a stringent prohibition on single-day cash payments exceeding Rs 10,000 to individuals, companies, or entities.

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How is the MCC Enforced?

The MCC is enforced through a series of measures implemented by the ECI to ensure compliance by political parties and candidates. Here's how the MCC is typically enforced:

(1) Guidelines to Government Officials: Prior to the start of elections, the EC issues guidelines to the government to transfer all officers, including police personnel, who have completed or are completing three out of four years of service in their home district. This is aimed at preventing any potential interference in the electoral process.

(2) Monitoring Compliance: Nodal officers appointed by the poll panel are responsible for monitoring compliance with the MCC. These officers oversee the conduct of political parties and candidates to ensure adherence to the guidelines laid down in the MCC.

(3) Restrictions on Election Campaigning: One of the key provisions of the MCC is the prohibition of election campaigning within the constituency 48 hours before the close of polls. This ensures a period of calm and reflection for voters leading up to election day.

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What are the Norms for Governments?

During the enforcement of the MCC, there are specific guidelines for governments, both at the Union and state levels, to ensure a fair and impartial electoral process. Here are some of the key guidelines:

(A) Prior Approval for Policy Announcements: Union ministries are required to obtain prior approval from the EC on any policy announcements, fiscal measures, taxation issues, or financial reliefs during the period when the MCC is in force.

(B) Referral Process for State Governments: Similar guidelines apply to state governments, where proposals for policy announcements or financial measures must be referred to a screening committee. This committee then forwards the proposals to the Chief Electoral Officers (CEOs), who will not forward them to the EC unless the instructions applicable to the case are unclear.

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(C) Budget Presentation: The government cannot present a full Budget during an election year as there may be a change in the ruling government after the polls. However, it may opt for a vote on account, which includes presenting its fund requirements for salaries, ongoing projects, and other essential expenditures for the transitional period until a new government is formed.

(D) Restrictions on Major Schemes and Economic Survey: Under the MCC, the government is prohibited from announcing any major schemes or presenting an Economic Survey in the interim budget, as these could potentially influence voters. However, it is allowed to revise tax rates during this period.

(E) Ex-gratia Payments and Relief Funds: The EC permits certain exceptions, such as ex-gratia payments, release of Prime Minister's/Chief Minister's relief funds for medical treatments, emergency relief work, and new works to mitigate natural disasters. However, declaring an area as drought/flood affected or any other calamity affected requires the approval of the EC.

(F) Impartial Availability of Public Places: State and Union governments must ensure that public places such as maidans and helipads are made available impartially to all political parties and candidates. This ensures a level playing field for all contestants and prevents any unfair advantage to a particular party or candidate.

Enforcement Measures: Dealing with Violations of the MCC

Violations of the MCC are taken seriously, and there are mechanisms in place to address them:

(I) Complaint Process: Any complaint regarding violations of the MCC should be reported to EC observers, returning officers, local magistrates, CEOs, or directly to the poll panel itself.

(II) Response from Authorities: Upon receiving a complaint, the EC, returning officer, or district election officer may issue directions to address the violation. These directions must be strictly complied with by the concerned parties.

(III) Investigation and Action: The authorities responsible for overseeing elections conduct investigations into reported violations. Depending on the severity of the violation, appropriate action may be taken, which could include warnings, fines, disqualification of candidates, or even criminal proceedings against the offenders.