Explained: What Is The Model Code of Conduct Before Elections

The Election Commission of India (ECI) announced the dates for the Legislative Assembly elections for the states of Uttar Pradesh, Uttarakhand, Punjab, Goa, and Manipur on Saturday, amidst an increase in the Covid-19 cases across the country.

The ECI also stated that the Model Code of Conduct (MCC) has taken effect as a result of this release. The MCC must be followed by all political parties, and it will remain in effect for all political parties and candidates until the election in the states set to vote is completed.

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The Election Commission's letter to the Chief Secretaries of the states in question drew attention to the MCC's specific provisions relating to the 'party in power,' which state that the party in power must ensure that no cause is given for any complaint that it has used its official position for the purpose of its election campaign.

"In particular, the Ministers shall not combine their official visit with electioneering work and also shall not make use of official machinery or personnel during the electioneering work," it observed.?

Assembly elections will be held in seven phases in five states: Uttar Pradesh, Punjab, Uttarakhand, Goa, and Manipur. Voting will take place in Uttar Pradesh on February 10, 14, 20, 23, and March 3 and 7, while Punjab, Goa, and Uttarakhand will vote on February 14, and Manipur will vote in two parts on February 27 and March 3.

What exactly is MCC?

The MCC is a collection of guidelines established by the Indian Election Commission to ensure free and fair elections. It is a set of rules that have formed as a result of political parties agreeing to follow the values enshrined in the code. It also obligates them to respect and follow it in text and spirit.

When and where is MCC implemented?

The MCC is in effect from the date of the notification of an election, whether for the Parliament, the State Assembly, or the Districts, and lasts until the election is completed.

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The MCC is valid throughout the poll-bound state when it comes to Assembly elections. The MCC is valid throughout the country when it comes to Parliamentary or General Elections. In the case of district by-elections, the MCC applies throughout the district.

What role does the EC play in putting the codes into practice?

The Election Commission ensures that the code is followed by political parties at the national and state levels, including ruling parties. The EC ensures that Parliamentary and State Legislature elections are free, fair, and peaceful.

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It also ensures that government machinery is not abused for electoral objectives. Furthermore, it prevents election offences, malpractices, and corrupt activities such as impersonation, bribery and inducement of votes, as well as threats and intimidation of voters.

What limitations does the MCC impose on political parties throughout its implementation?

1. Ministers are unable to combine official visits with campaigning. During electioneering, they are also prohibited from using official equipment or employees.
2. No official aircraft, vehicles, or other modes of transportation may be used to promote the interests of any political party or candidate.
3. All officers/officials who are directly or indirectly involved in the election's conduct are prohibited from being transferred or posted. If a transfer or posting of an officer is deemed necessary, the Commission must first provide its consent.
4. No Minister, whether from the Union or from a state, has the authority to summon any election-related officer from the constituency or the state to any official meeting.
5. If a Union Minister must leave Delhi for purely official reasons that cannot be avoided in the public interest, a letter certifying this must be sent from the concerned Ministry/Secretary Department's to the Chief Secretary of the concerned state, with a copy to the Election Commission.

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6. Misuse of official mass media and advertising about the party's achievements at the expense of the public purse are prohibited in print and electronic media.
7. If a state or federal government has issued an order for a scheme, but no work has begun on it until the MCC is in effect, no work in that regard shall be started. Work in the field, on the other hand, can be resumed if it has already begun.
8. Until the election is completed, no new funds under the MPs/MLAs/MLCs Local Area Development Fund of any scheme can be released in any area where the election is ongoing.
9. Financial institutions funded, partially or wholly by the Governments shall not take recourse to write off loans advanced to any individual, company, firm, etc. Also, the financial limits of such institutions, while granting or extending loans, should not be enhanced by issuing of loans indiscriminately to beneficiaries.