What is the model code of conduct to be followed by political parties on polling day?

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Points to Remember:

  • The Model Code of Conduct (MCC) aims to ensure free and fair elections.
  • It applies to all political parties, candidates, and their workers.
  • Violations can lead to legal consequences.
  • The MCC is dynamic and can be updated based on evolving needs.

Introduction:

The Model Code of Conduct (MCC) is a set of guidelines issued by the Election Commission of India (ECI) to regulate the conduct of political parties, candidates, and their workers during the election period. It aims to ensure free, fair, and peaceful elections by preventing any activity that could unduly influence voters or disrupt the electoral process. The MCC is not a law, but its violation can lead to legal action under existing laws. The ECI’s power to enforce the MCC stems from Article 324 of the Indian Constitution, which grants it the power to supervise and conduct elections. The MCC is particularly crucial on polling day, as this is when the actual voting takes place and the potential for manipulation is highest.

Body:

1. Restrictions on Polling Day Activities:

On polling day, the MCC strictly prohibits several activities aimed at influencing voters. These include:

  • Prohibition of campaigning: All forms of campaigning, including rallies, meetings, processions, and public speeches, are strictly prohibited within a specified radius of the polling station (usually 200 meters). This is to prevent last-minute attempts to sway voters.
  • Restriction on the display of election symbols and materials: Displaying election symbols, posters, banners, or other campaign materials near polling stations is forbidden. This ensures a neutral environment for voters.
  • Prohibition of intimidation and inducement: Any form of intimidation, coercion, or inducement of voters is strictly prohibited. This includes offering gifts, money, or other inducements to influence their vote.
  • Restrictions on the movement of political workers: The movement of political workers and party agents near polling stations is regulated to prevent any disruption or attempts to influence voters.
  • Maintaining law and order: Political parties are expected to cooperate with law enforcement agencies to maintain peace and order near polling stations.

2. Role of Political Parties and Agents:

Political parties and their designated agents have specific responsibilities on polling day:

  • Maintaining order: Parties are expected to ensure their workers behave responsibly and do not engage in any unlawful activities.
  • Cooperation with election officials: Parties must cooperate with election officials and follow their instructions.
  • Respecting the secrecy of the ballot: Parties must not attempt to influence voters or interfere with the secrecy of the ballot.
  • Peaceful conduct: Parties must ensure their supporters conduct themselves peacefully and do not resort to violence or intimidation.

3. Enforcement and Penalties:

While the MCC is not a law in itself, violations can lead to legal action under various laws, including the Representation of the People Act, 1951. The ECI can take action against violators, which may include:

  • Issuing warnings and reprimands: The ECI can issue warnings or reprimands to political parties or candidates for minor violations.
  • Filing complaints with law enforcement agencies: For serious violations, the ECI can file complaints with law enforcement agencies, leading to criminal prosecution.
  • Cancellation of candidature: In extreme cases, the ECI can even cancel the candidature of a candidate for serious violations of the MCC.

Conclusion:

The Model Code of Conduct plays a crucial role in ensuring free and fair elections in India. Its provisions, particularly those concerning polling day, are designed to create a level playing field for all candidates and prevent any undue influence on voters. While the MCC is not legally binding in the same way as a law, its effective implementation is essential for the integrity of the electoral process. Strengthening enforcement mechanisms, promoting awareness among political parties and voters about the MCC, and incorporating feedback from past elections to refine its provisions are crucial steps towards ensuring its continued effectiveness. By upholding the MCC, India reinforces its commitment to democratic values and strengthens its electoral system, contributing to a more inclusive and participatory democracy.

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