What is the Election Code of Conduct?

Criticism of political parties must be limited to their policies and programmes, past record and work.  Activities such as:  (a) using caste and communal feelings to secure votes,  (b) criticising candidates on the basis of unverified reports,  (c) bribing or intimidation of voters, and (d) organising demonstrations or picketing outside houses of persons to protest against their opinions, are prohibited.

Political parties or candidates shall ensure that their supporters neither obstruct the meeting and rally of the opposition parties or candidates nor distribute pamphlets in the meeting organised by the opposition parties.

The commission shall announce the date of any election which shall be a date ordinarily not more than 3 weeks prior to the date on which the notification is likely to be issued in respect of such elections.

Parties must inform the local police authorities of the venue and time of any meeting in time to enable the police to make adequate security arrangements.

After reading the above points you may have understood that the Election Commission adopts the necessary measures to conduct fair and peaceful elections in the country. However, in practice, it has been observed that the guidelines issued by the Election Commission are not executed appropriately, which concludes that there is a strong need of the election reforms in the country.

Political parties or the candidates shall have to seek prior permission from the police or concerned authorities of the area before organizing the meeting at any place so that traffic and other necessary arrangements can be made.

If two or more candidates plan processions along the same route, organisers must establish contact in advance to ensure that the processions do not clash. Carrying and burning effigies representing members of other political parties is not allowed.

If a Political party or a candidate is about to organize the procession, then ‘it or he’ has to inform; (about its time, path of procession, place of starting of procession and the place where the procession will end) to the concerned authorities.

All authorised party workers at polling booths should be given identity badges. These should not contain the party name, symbol or name of the candidate.

The Voters should not be served alcohol, etc. on the day of polling and 24 hours prior polling.

The Election Commission will appoint observers to whom any candidates may report problems regarding the conduct of the election.

The MCC incorporated certain restrictions in 1979, regulating the conduct of the party in power.  Ministers must not combine official visits with election work or use official machinery for the same.  The party must avoid advertising at the cost of the public exchequer or using official mass media for publicity on achievements to improve chances of victory in the elections.

The ruling party's ministers shall not use government machinery like government employees, vehicles, government buildings during elections campaigning.

Ministers and other authorities must not announce any financial grants, or promise any construction of roads, provision of drinking water, etc. Other parties must be allowed to use public spaces and rest houses and these must not be monopolised by the party in power.

The ruling party shall not have monopoly over public places, helipads and aircrafts, the candidates of other parties will also be able to use them with the same conditions as the ruling party is following.

Election manifestos:  Added in 2013, these guidelines prohibit parties from making promises that exert an undue influence on voters, and suggest that manifestos also indicate the means to achieve promises.

No advertisement will be published or displayed at the cost of public exchequer through newspapers & other media during the election. Other media will also not be used to disseminate the achievements of the government.

The MCC is not enforceable by law. However, certain provisions of the MCC may be enforced through invoking corresponding provisions in other statutes such as the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Representation of the People Act, 1951.

The ministers and other authorities shall not sanction grants/payments out of discretionary fund from the date elections are announced by the commission

The Election Commission has argued against making the MCC legally binding; stating that elections must be completed within a relatively short time (close to 45 days),  and judicial proceedings typically take longer, therefore it is not feasible to make it enforceable by law.

On the other hand, in 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice, recommended making the MCC legally binding. In a report on electoral reforms, the Standing Committee observed that most provisions of the MCC are already enforceable through corresponding provisions in other statutes, mentioned above. It recommended that the MCC be made a part of the Representation of the People Act, 1951.

On the other hand, in 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice, recommended making the MCC legally binding.  In a report on electoral reforms, the Standing Committee observed that most provisions of the MCC are already enforceable through corresponding provisions in other statutes, mentioned above.  It recommended that the MCC be made a part of the Representation of the People Act, 1951.

Announce any financial grant or any new scheme or promise thereof. Make any promise of construction of roads, provision of drinking water facilities etc.
Lay foundation stones etc. of project or scheme of any kind (except civil servants).
Make any ad-hoc appointments in government, public undertakings etc.