The ruling party also cannot use government transport or machinery for campaigning. Displeasure over the lackadaisical approach of Air India and the Railways in enforcing the Model Code of Conduct – Election Commission. Even though the Code of Conduct does not have any statutory basis, the EC has the power to disqualify a candidate if he/she violates the code. We will come to explain this point later. In 2014, The EC had held that Modi violated the provisions of the Model Code of Conduct that prohibits anyone from canvassing within 100 m of a polling booth. See More Related to Polity & Governance. No party or candidate should include in any activity which may aggravate existing differences or cause tension between different castes and communities, religious or linguistic. Narendra Modi, the then prime ministerial candidate, violated the model code of conduct by displaying the BJP’s election symbol “lotus” and then addressing the gathered media near a polling booth after casting his vote in Ahmedabad on April 30, 2014. Your email address will not be published. Given the flaws of our legal system, election petitions filed decades ago are still pending before many High Courts — it is anybody’s guess what that situation might lead to. ... UPSC CDS 1 2021 Notification Released @upsc… Because it is an important part of our electoral system. In case of a hate speech, a complaint can be filed under the IPC and CrPC; there are laws against the misuse of a religious place for seeking votes, etc. Why in News: Displeasure over the lackadaisical approach of Air India and the Railways in enforcing the Model Code of Conduct – Election Commission. The EC also advised various social media platforms such as Facebook and Twitter for deleting posts on their website. Any violation of the above guidelines will invite a notice from the ECI as to why action should not be taken against them. This is the reason that sometimes it is called “Moral Code of Conduct” also. Another reason for the success of the code lies in its restrained nature that the parties find tolerable to follow. It means the EC only scolds the political parties for being a bad boy. Once the notice is issued, the person or party must reply to them in writing, either accepting the fault and asking for an unconditional apology or rebutting the allegation. From UPSC perspective, the following things are important: The MCC contains eight provisions dealing with general conduct, meetings, processions, polling day, polling booths, observers, the party in power, and election manifestos. Sidharth Arora and more top educators are teaching live on Unacademy Plus. First Published: February 3, 2017 | Last Updated:February 3, 2017. The immaculate independence of the EC and its uncompromising attitude towards enforcing the code, combined with the perception among parties that following the code far outweighs the costs accrued if violated by other parties, especially the ruling one, have led to the success of the Model Code of Conduct since its inception. A/C No: xxxxxxxxxx2695 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. Save my name, email, and website in this browser for the next time I comment. Rahul Gandhi was also asked to explain his conduct. The organizers should take steps in advance to arrange for passage of the procession so that there is no block or hindrance to traffic. The EC 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. Bank Details: Organizers themselves should not take action against such persons. Criticism of other political parties, when made, should be confined to their policies and programme, past record and work. Therefore it is not feasible to make the MCC enforceable by law. It also bars the ministers from combining their official visits with election campaigning. The ECI can issue a notice to a politician or a party for alleged breach of the MCC either on its own or on the basis of a complaint by another party or individual. The Model Code of Conduct (MCC) is simply a set of guidelines issued by the EC to ensure free and fair polls. Ministers and other government authorities should not announce any financial grants to the people; they should not lay foundation stones for or inaugurate any projects; they should not promise public facilities like roads; and they should not make any ad hoc government appointments. According to Article 324 of the Constitution, the EC has the power to monitor the Centre, all the state governments, all the candidates and their respective, The Model Code of Conduct deals with eight provisions –. Home | Polity & Governance | Current Affairs | MODEL CODE OF CONDUCT. the Indian Penal Code, 1860, Code of Criminal Procedure, 1973, and Representation of the People Act, 1951. The party in power whether at the Centre or in the State or States concerned, should ensure that no cause is given for any complaint that it has used its official position for the purposes of its election campaign. Model Code of Conduct was recently in news when government’s move to advance the Union Budget was questioned by the opposition parties in a fear that budget proposa. The Model Code of Conduct comes into force immediately on announcement of the election schedule by the commission for the need of ensuring free and fair elections. Model Code of Conduct is related to the rules and regulations made by the Election Commission of India for conducting free and fair election. Pendrive/Android SSC, Bank, UPSC/IAS & UPSC Optional Courses & Test Series, SSC JE 2018 Recruitment, SSC Junior Engineers 2018 – Profile, Syllabus and More, UPSC EPFO(Enforcement Officer/Accounts Officer) 2020. Election Commission of India's Model Code of Conduct is a set of guidelines issued by the Election Commission of India for conduct of political parties and candidates during elections mainly with respect to speeches, polling day, polling booths, portfolios, election manifestos, processions and general conduct. All parties and candidates should avoid activities which are corrupt practices under the election law, such as bribing of voters, intimidation of voters, impersonation of voters. The Model Code of Conduct (MCC) is simply a set of guidelines issued by the EC to ensure free and fair polls.