The Model Code of Conduct (MCC) serves as a vital framework established by the Election Commission of India to maintain fairness and transparency in elections. First agreed upon by all political parties in 1968 and effectively applied from 1991, the MCC ensures a level playing field for all candidates and political parties, protecting voters and democratic processes.
Model Code of Conduct (MCC) Guidelines for Political Parties and Candidates
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Overview of General Principles of MCC
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I. General Conduct Rules for Political Parties
- (i) Maintaining communal harmony: Parties and candidates must avoid activities that incite tension or hatred among communities, castes, or religions.
- (ii) Constructive criticism only: Criticism of other parties should focus strictly on policies, programs, and public records while avoiding personal attacks or unverified allegations.
- (iii) Prohibition of caste or communal appeals: No votes should be sought based on caste, religion, or language; places of worship cannot be used for election propaganda.
- (iv) Prevention of corrupt practices: Activities such as voter bribery, intimidation, impersonation, canvassing near polling stations, or transport of voters must be strictly avoided.
- (v) Respect for individual privacy: Demonstrations or picketing at personal residences against political views or activities are prohibited.
- (vi) Permission for use of private property: Flags, banners, or posters must not be erected on private land or property without consent.
- (vii) Non-interference in other parties’ events: Supporters must not disrupt meetings, processions, or remove posters organized by rival parties.
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II. Rules for Conducting Political Meetings
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Preparation and Permissions
- (i) Inform local police about the venue and timing for proper arrangements of traffic and security.
- (ii) Check for any restrictive or prohibitory orders and follow them or apply for exemptions if needed.
- (iii) Obtain necessary permissions or licenses for loudspeakers or any public facilities before the meeting.
- (iv) Organisers must coordinate with police for controlling disturbances and not take law enforcement into their own hands.
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III. Rules for Organising Political Processions
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Planning and Coordination of Processions
- (i) Pre-determine the route, timing, and start/end points for processions and avoid deviations.
- (ii) Inform police authorities about the procession plan for security and traffic management.
- (iii) Follow all local restrictive orders and traffic regulations.
- (iv) Organise long processions in segments to prevent traffic congestion at intersections.
- (v) Maintain procession on the right side of the road and comply with police directions.
- (vi) Coordinate if multiple parties use the same route to prevent clashes, using police assistance if necessary.
- (vii) Control processionists from carrying items that can be misused, especially during heated moments.
- (viii) Avoid carrying or burning effigies representing other party leaders or members in public demonstrations.
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IV. Polling Day Conduct for Political Parties and Candidates
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Responsibilities on Polling Day
- (i) Ensure peaceful voting: Cooperate with election officers to maintain calm and allow voters to exercise franchise freely.
- (ii) Provide authorised workers with identity badges or cards.
- (iii) Ensure identity slips given to voters are plain, without symbols, candidate names, or party names.
- (iv) Abstain from distributing liquor 24 hours prior to and during polling.
- (v) Prevent unnecessary crowding near party camps to avoid conflicts among supporters.
- (vi) Keep camps simple without posters, flags, symbols, or serving food.
- (vii) Comply with vehicle restrictions and prominently display permits for vehicles used on polling day.
The following sections explain polling booth access, the role of Election Observers, responsibilities of the party in power, and the Election Manifesto guidelines — all paraphrased from the Model Code of Conduct (MCC) to preserve meaning while making the content student-friendly and SEO-ready for Studento readers.
Polling Booths, Observers, Party-in-Power Duties & Manifesto Guidelines under MCC
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V. Polling- Booth Access Rules and Entry Restrictions
- Only authorised persons may enter polling booths: Except for the voters themselves, entry into the polling booth is restricted to those holding a valid pass issued by the Election Commission. No other person is allowed access.
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VI. Role of Election Observers and Reporting Mechanism
- Observers appointed by the Commission: The Election Commission nominates Observers to oversee the poll process and ensure compliance with rules.
- Channel for grievances: If candidates or their authorised agents encounter irregularities or have complaints about conduct during the election, they should bring these matters directly to the attention of the appointed Observer.
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VII. Duties and Restrictions on the Party in Power (Centre/State) — Conduct Safeguards
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(i) Ministers, Official Travel and Use of Government Resources
- (a) No mixing official visits with campaign activity: Ministers must not combine their government tours with electioneering, nor exploit official staff or machinery for campaign work.
- (b) Government transport and assets off-limits: Official aircraft, vehicles, equipment and government personnel must not be used to advance the interests of the party in power.
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(ii) Equal Access to Public Venues and Facilities
- Non-monopolisation of public spaces: Places such as maidans and helipads must not be exclusively reserved by the ruling party; other parties and candidates should be allowed to use them on comparable terms.
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(iii) Use of Government Accommodation and Rest Houses
- Fair access and prohibition on campaign use: Rest houses, dak bungalows, and similar government lodgings must not be monopolised by the party in power and cannot be used as campaign offices or venues for public election meetings.
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- Avoid state-funded advertisements for partisan advantage: Issuing advertisements at public expense or misusing official mass media for partisan coverage during the election period must be strictly avoided.
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(v) Suspension of Discretionary Grants and Payments
- No discretionary grants after election announcement: Ministers and authorities must not sanction payments from discretionary funds once the Commission announces the election.
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(vi) Prohibitions on Promises, Foundation Stones, Appointments and Benefits
- (a) No announcement of fresh financial grants or promises from the time elections are announced.
- (b) Ministers (except civil servants) should refrain from laying foundation stones for projects or schemes after the announcement.
- (c) No promises of new works such as road construction or water supply intended to influence voters.
- (d) No ad-hoc appointments in government bodies or public undertakings that could sway voting behaviour.
- Overall intent: These restrictions aim to prevent the party in power from gaining unfair advantage by using state resources or actions that could influence the electorate.
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Note on Election Notification Timing
- Timing of official announcement: The Commission will announce the election date, which is normally not more than three weeks before the date when notification for the election is expected to be issued.
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(vii) Ministers and Access to Polling/Counting Sites
- Restricted entry to polling/counting areas: Ministers of Central or State governments must not enter polling stations or counting venues except when they are present in the capacity of a candidate, voter or an authorised agent.
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VIII. Guidelines on Election Manifestos — Supreme Court Directions & EC Response
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1. Supreme Court Direction and Rationale (5th July 2013 Judgment)
- Judicial prompting for manifesto guidelines: In the judgment dated 5th July 2013 in SLP(C) No. 21455 of 2008 (S. Subramaniam Balaji vs. Government of Tamil Nadu & Others), the Supreme Court asked the Election Commission to work with recognised parties to frame principles governing manifesto content.
- Key judicial observations (paraphrased):
- (i) Although promises in manifestos may not automatically qualify as corrupt practices under Section 123 of the Representation of the People Act, distribution of freebies can undermine free and fair elections by exerting undue influence on voters.
- (ii) The Election Commission has been issuing instructions under the Model Code of Conduct to maintain a level playing field and protect electoral purity.
- (iii) Even when manifestos are released before the formal announcement of election dates, their purpose is intimately linked to the electoral process and therefore can be regulated in limited circumstances.
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2. Consultation with Political Parties — EC Response
- Stakeholder consultations: Following the Court’s direction, the Election Commission met with recognised national and state parties to discuss possible guidelines and noted divergent opinions: some parties supported guidelines, while others asserted manifesto content as their democratic right.
- Balancing rights and election integrity: While the Commission recognises parties’ right to publish manifestos, it remains concerned about promises that could distort the fairness of elections.
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3. EC Directives for Manifestos (Constitutional Mandate under Article 324)
- Constitutional basis: Article 324 empowers the Election Commission to conduct elections to Parliament and State Legislatures; acting on the Supreme Court’s guidance and consultations, the Commission issued manifesto-related directions to preserve free and fair polls.
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(i) Content Consistency with Constitutional Ideals
- Constitutional compatibility: Manifestos must not contain material that contradicts the ideals and principles of the Constitution and should align with the letter and spirit of the Model Code of Conduct.
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(ii) Welfare Promises and Their Limits
- Permitted welfare commitments: Promises of welfare measures consistent with the Directive Principles of State Policy are acceptable in principle.
- Avoid undue influence: Parties should refrain from making commitments likely to vitiate the purity of elections or exert improper influence on voters’ choices.
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(iii) Transparency, Credibility and Financial Rationale
- Rationale and feasibility expected: To promote transparency and trust, manifestos should explain the rationale behind major promises and indicate broadly how those promises would be financed.
- Credible commitments only: Voter trust should be sought for promises that are realistically deliverable rather than speculative or fiscally untenable.