With reference to the model code of conduct (MCC) consider the following statements:

1. It has no legal backing and is based on consensus among political parties.

2. It traces its roots to a code of conduct issued during the Assembly elections of Kerala in the year 1960.

Which of the above statements is/ are correct?

Solution

● Statement 1 is correct: The model code of conduct issued by the ECI is a set of guidelines meant for political parties, candidates and governments to adhere to during an election. This code is based on consensus among political parties. It has not been given any legal backing. 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. ● Statement 2 is correct: Its origin can be traced to a code of conduct for political parties prepared by the Kerala government in 1960 for the Assembly elections. It was adopted, refined and enlarged by the ECI in later years, and was enforced from 1991 onwards. Extra edge by PW ONLYIAS: Key provisions of the Model Code of Conduct: ● General Conduct: Criticism of political parties must be limited to their policies and programmes, past record and work. Prohibited Activities include: ·         using caste and communal feelings to secure votes ·         criticising candidates on the basis of unverified reports ·         bribing or intimidation of voters, and ·         organising demonstrations or picketing outside houses of persons to protest against their opinions, ● Meetings: 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. ● Processions: 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. ● Polling booths: Only voters, and those with a valid pass from the Election Commission, will be allowed to enter polling booths. ● Observers: The Election Commission will appoint observers to whom any candidates may report problems regarding the conduct of the election.