Bihar Assembly Elections 2020: What is Model Code of Conduct?

The Bihar Assembly Elections are to be held in three phases, starting October 28, and the counting of votes is to take place on November 10. Prominent political parties, independent candidates and their supporters are campaigning in full swing to promote themselves to power.

The Election Commission of India has laid down a set of regulations to be followed by the political parties to follow during election campaigns, called ‘Model Code of Conduct’ (MCC). There are eight categories under which the Election Commission enumerates these rules:

• General Conduct
• Meetings
• Procession
• Polling Day
• Polling Booth
• Observers
• Party in Power
• Guidelines on Election Manifestos

1. The general conduct deals with curbing the fundamental laws of the elections such as the parties not being allowed to "appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda." Among the other rules under this, it is specified that all parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 meters of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station.

2. Meetings that are held publicly need to be informed to local authorities and a license obtained for using loudspeakers. This is to ensure security for the organisers and the area. The MCC is also particular that the organisers themselves shall not take action against people who intend to disturb the meeting.

3. Processions are a vital part of campaigning and need to be informed to the authorities way in advance with details of the area, time and route, in order to contain the traffic movement and the crowd. Two parties can conduct a procession in one area if the details are submitted beforehand and a proper time allocated.

MCC further mentions that “The carrying of effigies purporting to represent member of other political parties or their leaders, burning such effigies in public and such other forms demonstration shall not be countenanced by any political party or candidate.”

4. Polling Day is crucial as well, hence the parties need to follow the instructions under the MCC. They should not halt any citizen from exercising their right. Their authorised workers must be supplied with suitable badges or identity cards and along with these identifications, no posters or flags or symbols of the party must be displayed on their camps. No food shall be served to the public as well. MCC also says, “co-operate with the authorities in complying with the restrictions to be imposed on the plying of vehicles on the polling day and obtain permits for them which should be displayed prominently on those vehicles.”

5. Polling Booth is permitted only for the voters to enter. Others, especially if they do not have a valid pass cannot enter the booths.

6. Observers are appointed by the EC in order to keep a check on the process in which the election is conducted in case the candidates or their agents have put forth any complaints regarding the same.

7. Party in power has multiple rules to follow – official aircraft, vehicles, machinery and personnel cannot be used for transportation. Apart from these, public spaces such as maidans, as well as helipads, rest houses, dark bungalows or other Government accommodation, that are in connection with elections or the ruling party, shall not be monopolised by themselves.

No grants or payments from the discretionary funds shall be sanctioned at the time of elections.

No projects, schemes shall be announced or any foundation laid during the time of elections.

Additionally, MCC specifies, “Ministers of Central or State Government shall not enter any polling station or place of counting except in their capacity as a candidate or voter or authorized agent.”

8. Guidelines on Election Manifestos are made under the Supreme Court’s 5th July 2013 verdict in SLP(C) No. 21455 of 2008 with regard to the contents of election manifestos in consultation.

The judgement says, “Although, the law is obvious that the promises in the election manifesto cannot be construed as ‘corrupt practice’ under Section 123 of RP Act, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free and fair elections to a large degree.”

The manifestos shall not carry “anything repugnant to the ideals and principles enshrined in the Constitution.”

The manifestos cannot prescribe the State to frame welfare measures and such measures cannot be promised in the manifestos. The promises need to meet the financial needs, and also reflect their rationale.