What is Model Code of Conduct, and what are the penalties for violation? | Explained

Election Commission announces Lok Sabha election dates, enforcing Model Code of Conduct with guidelines and penalties for violations.

As the Election Commission of India (EC) has announced the dates for the upcoming Lok Sabha elections today at 3 p.m., the Model Code of Conduct (MCC) will come into force immediately and will be in place till election results are announced. As the tenure of the 17th Lok Sabha is scheduled to end on June 16, 2024, polls for its 543 seats must be held prior to it. Apart from the General Assembly polls, elections to State legislatures of Andhra Pradesh, Arunachal Pradesh, Odisha, Sikkim will be held in the same time frame – April/May 2024.

 Here’s a look at the MCC, dates of enforcement, guidelines and penalties for violation

The Model Code of Conduct (MCC) is a set of guidelines published by the Election Commission of India (EC) for political parties and candidates to set standards of conduct during the election campaign and polling. It also explains how parties can lodge complaints to the EC observers in case of dispute and instructs how the Ministers of the parties in power must conduct themselves when the MCC is in force. In 2019, a new addition regarding election manifestos was added, instructing parties to not issue promises which were ‘repugnant to the ideals of the Constitution’.

The MCC is not a statutory document – not enforceable by any laws passed by the Parliament . Violating many of its guidelines may not attract punitive action.

However, several actions such as -

are listed as ‘electoral offences’ and ‘corrupt practices’ under the Indian Penal Code (now known as Bharatiya Nyaya Sanhita) and the Representation of the People Act, 1951. These actions will attract appropriate punishment as per these laws.

The MCC comes into force immediately when the election schedule is announced by the Election Commission and remains in operation till the election process is complete, i.e. results are announced. The MCC is applicable to all elections to the Lok Sabha, State Assemblies. It is also applicable for State Legislative Council elections from Local Bodies, and Graduates’ and Teachers’ Constituencies. It is enforced throughout India in case of General elections, and the State up for polls in case of Legislative Assembly elections.