ElectionsExplainer
What the Model Code of Conduct is, and when it applies
The Election Commission's rulebook for parties, candidates and governments during elections is not a law — but it shapes every campaign in India.
When the Election Commission of India announces the dates of a Lok Sabha or Assembly election, one thing changes immediately: the Model Code of Conduct comes into force.
What it is
The code is a set of guidelines for political parties, candidates and governments that aims to keep campaigns fair and to stop those in office from using their position to gain an electoral advantage. Its origins go back to a set of guidelines agreed for the 1960 Kerala Assembly election, and the ECI has expanded it over the decades.
When it applies
The code applies from the date the ECI announces the election schedule until the election process is completed. In a general election it applies across the country; in an Assembly election, mainly to the state concerned.
What it covers
The code has sections on:
- General conduct — no appeals to caste or communal feelings to win votes, no criticism of opponents’ private lives, and no bribery or intimidation of voters.
- Meetings and processions — informing the police in advance and not disrupting opponents’ events.
- Polling day and polling booths — conduct around voting, including restrictions on canvassing near booths.
- The party in power — ministers may not combine official visits with campaigning or use official machinery for campaign work, and new schemes, projects or financial grants generally cannot be announced once the code is in force.
- Election manifestos — added after a Supreme Court direction, requiring promises to be consistent with constitutional ideals and to explain how they will be funded.
How it is enforced
The code is not a law passed by Parliament. The ECI enforces it using its constitutional power of superintendence, direction and control over elections under Article 324. It can issue notices, censure a party or candidate, bar a person from campaigning for a period, or order the transfer of officials. Where conduct is also an offence — for example under the Representation of the People Act, 1951 or criminal law — it can also be prosecuted in the usual way.
Perspectives
Listed in no particular order and given equal space. Inclusion is not endorsement.
Case for giving the code statutory backing
- A statute would make the code’s provisions legally enforceable with defined penalties.
- Supporters argue this would give the code more certainty and deterrent value.
Case for keeping it as it is
- Legal proceedings can take longer than an election campaign lasts.
- Supporters of the current system argue that the code works because the ECI can act quickly during the campaign.
Sources
- Election Commission of India — Election Commission of India
- The Constitution of India (Article 324) — Legislative Department, Government of India
