Theme: Campaigning & Elections

The Model Code of Conduct (MCC)¹ are rules and regulations which regulate the actions of the political parties, candidates, people supporting them, the civil servants during election time and anybody else who is associated with elections. It also regulates the actions of other individuals and organizations with the aim of making the elections as transparent as possible.

The MCC ensures that the elections are held on fair grounds and no action is taken by a party in power so as to derive any benefit during the elections. The MCC also levels the playing field for all the political parties involved in the electoral process.

In the case of the Lok Sabha election, the MCC applies to the whole of India.

1. Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct. [↩]

The MCC applies when elections are going on. For the Lok Sabha elections MCC usually comes in force when the election schedule is announced by the Election Commission of India and till the results are announced in all the constituencies.¹

1. Heading 3.2, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct. [↩]

The MCC covers¹:

• Political parties,
• Candidates,
• Organizations,
• Committees,
• Corporations, and
• Commissions funded wholly or partially by the central or the state government. Example: Electricity Regulatory Commissions, Jal Boards, Transport Corporations, etc.

1. Heading 3.5, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct. [↩]

There are certain effects of violation of MCC. If a person violates the MCC rules, they cannot be punished, except in certain cases where the MCC violation is also a crime under the Indian Penal Code, 1860 and the Representation of the People Act, 1951. For the violation of those crimes, one might even go to jail. As for violations of MCC alone, a warning will be issued , but if the person repeat them, the complaint will be forwarded to the election authorities who will take necessary actions, which might even be removal of their candidature. The most important role the Election Commission plays during the period MCC is in force, is the immediate actions it takes in stopping violations of MCC.¹

Some examples are:

• The Election Commission can stop government advertisements endorsing the ruling party.
• Stop the ruling party from using their political influence and endorsing their agenda through television or cinema.
• Stop a candidate or a party from indulging in any activity which may create mutual hatred or cause tension between castes and communities.²
• The District Election Officers can order an FIR against a person for making remarks which can lead communal tension.

1. State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639. [↩]
2. Chapter 12, Manual on Model Code of Conduct, https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ [↩]

A candidate or their agents cannot ply voters to the polling station i.e. provide conveyance to voters to or from a polling station on voting day.

The punishment for doing this is a fine of up to Rs. 500.¹

For example, a party or a candidate cannot hire a bus and give rides to voters on the voting day.

However, if you are a person with a disability you can register yourself on the PWD App² (Android) and the election authorities can provide you transport to and from the polling station on that day.

1. Section 123 (5),Representation of the People Act, 1951. [↩]
2. PWD App, Google Play, available at https://play.google.com/store/apps/details?id=pwd.eci.com.pwdapp&hl=en_IN&gl=US. [↩]

A party or candidate cannot campaign in any manner which would result in creating tension or hatred between different castes and religious communities.

The MCC does not allow anyone or any organization to use religion to further the prospects of a candidate or a political party during an election, irrespective of their relationship to the political party/individual candidate. For example, political parties, candidates, religious/cultural organizations, associations or individuals cannot campaign in favour of or against certain political parties or candidate by holding any meetings, conclaves, processions, religious congregations, etc.

Some of the actions that are prohibited are¹:

• No one can use religion and play on religious sentiments of voters.
• No one can ask for votes by influencing someone to believe that there is a religious punishment by god or a divine power which will occur to them, if they don’t vote for a particular candidate.²
• No one should use religion to create disharmony among different groups of people.³
• No one should make any malicious statements which would attack the personal life of any politician.⁴
• Temples, mosques, churches and other places of worship cannot be used for any election campaigning.

Some examples of violations of MCC by using religion for campaigning are:

• If pictures of politicians are put up on billboards outside the temple entrance.
• If money is given by a political party to beggars outside a temple to get votes.

1. Model Code of Conduct, Election Commission of India, available at eci.gov.in. [↩]
2. Section 123(3), Representation of the People Act, 1951. [↩]
3. Section 153A, Indian Penal Code (IPC); Section 125, Representation of the People Act, 1951. [↩]
4. Section 123(4), Representation of the People Act, 1951. [↩]

Government advertisements usually inform the public of their rights, duties and entitlements and also explain government policies, programmes, services and initiatives. In order to prevent achieve this purpose, government advertisements should be objective, politically neutral and should not promote the political interest of the ruling party.

For example, while advertising the mid-day meal scheme offered by the government, the ruling party cannot use these advertisements in order to glorify leaders and candidates of their party. Adding names and photos of the party leaders to these advertisements would be a violation of MCC.

Therefore during the time of the election, the ruling party cannot¹:

• Use funds from public exchequer reserved for government advertisements for their own re-election.
• Project a positive impression of the party in power or a negative impression of other political parties through these advertisements.

Content of Government Advertisements

Advertisement materials of the government must not²:

• Mention the party in the government by name;
• Directly attack the views or actions of others in opposition;
• Include their own party political symbol or logo or flag;
• Aim to influence public support for a political party, candidate for election; or
• Refer to link to the websites of political parties or politicians.

1. Rule VII – Party in Power, Model Code of Conduct – Election Commission of India, available at https://eci.gov.in/mcc/. [↩]
2. State of Karnataka v. Common Cause and Ors., etc., (2016) 13 SCC 639 [↩]

Political parties and candidates are not allowed to use public properties/places for political advertisements. They cannot write on the walls, paste any posters/papers, erect/display any cutouts, hoardings, banners, flags etc. as a part of election campaigning. Some examples of public properties are¹:

• Railway stations, railway flyovers, bus stands, airports, bridges,
• Government hospitals, post offices,
• Government buildings, municipal buildings, etc.

If a political party or candidate, puts up any of their campaign material on a public property, then it will be an MCC violation.

1. Chapter 12, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ [↩]

The MCC applies to all social media platforms. There are five categories of social media that are regulated under the MCC¹:

• Collaborative projects (like Wikipedia).
• Blogs and microblogs (like Twitter).
• Content communities (like YouTube).
• Social networking sites (like Facebook).
• Virtual Game worlds like (Gaming applications).

There are some rules that have to be followed by political parties and candidates while advertising through social media, such as:

Giving Information

Candidates are supposed to fill Form 26 at the time of filing nominations. The form includes details of the candidate such as email ID, social media accounts etc. This is done so that the candidate declares all the authentic social media accounts that he/she has.²

Pre-certification of advertisements

All social media advertisements have to be pre-certified by the Media Certification and Monitoring Committee³ set up in district and state levels. It is only after this committee looks into the advertisement that the advertisement can be published online on any social media forum.

Expenditure

All candidates and political parties have to include the expenditure on social media advertisements. Specifically, they need to make a note of expenditure regarding creative development of content, operational expenditure on salaries and wages, and campaign related expenses.

1. Instructions of the Commission with respect to use of Social Media in Election Campaigning, Letter of ECI dated 25th October, 2013, Page 88, https://observerseci.eci.nic.in/Instruction/MediaPaid%20News%20Compendium%202017.pdf [↩]
2. Form 26 Amendments, Election Commission, available at https://eci.gov.in/files/file/9365-amendments-in-form-26-format-of-affidavit-to-be-filed-by-candidates/ [↩]
3. Reconstitution of Media Certification & Monitoring Committee , Election Commission, available at https://eci.gov.in/files/file/9356-reconstitution-of-media-certification-monitoring-committee-%E2%80%93-regarding/ [↩]

Television broadcasts on elections must be on general events which are relevant and of common interest to the country, without supporting or criticizing and mocking any other candidate or political party. Then it is not a violation of the MCC. Some examples are¹:

• If there is a live telecast of a cricket match, advertisements showing pictures of politicians cannot be played in between.
• A political party cannot put up pictures of political leaders while telecasting a live coverage of a conference.
• A political party cannot screen a movie before the elections regarding the life of a politician as it would influence the viewers to vote for them.

To prevent any form of political advertising, TV Channels and Cable Networks by any registered political party, group, organization, association and individual candidate, have to be pre-certified by the Media Certification and Monitoring Committee (MCMC) set up in district and state levels. If the MCMC finds that any advertisement has been made in TV or Cable Network in favour of any candidate without proper permission, they shall inform the Returning Officer (RO) immediately. The RO will then send a notice to the candidate and take action.

1. Chapter 6, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ [↩]

Radios are also a medium for advertising by political parties and candidates and the Media Certification and Monitoring Committee(MCMC) in every district and state monitors all radio activity. They monitor the radio jingles of all political parties being transmitted on the FM channels so as to take appropriate steps to ascertain whether they are violating the Model Code of Conduct. The content of the radio jingles should not¹:

• Criticize the private lives of politicians.
• Attack religious communities.
• Consist of obscene and defamatory material.
• Incite violence.
• Affect India’s integrity, unity and sovereignty.

A register is maintained to keep track of the FM channels being heard where the name and number of channels are specifically entered. Two officers are assigned to listen to each FM channel for 30 minute slots. For example, if a political party is playing jingles mocking another candidate, the MCMC will order it to be taken down.

1. Reconstitution of Media Certification & Monitoring Committee , Election Commission, available at https://eci.gov.in/files/file/9356-reconstitution-of-media-certification-monitoring-committee-%E2%80%93-regarding/ [↩]

Newspapers

All print media including newspapers have to follow the rules under the MCC. The Press has a duty to¹:

Be Objective Give only objective reports about elections and the candidates. Not any exaggerated reports. For example: The press cannot publish any fake news about a candidate’s election campaign.

Not Spread Hatred Refrain from reporting on election campaigning which tends to promote feelings of enmity or hatred between people, on the grounds of religion, race, caste, community or language. For example: When a leader belonging to one party says that we will teach the Muslims a lesson if we come to power.

Not Spread False Information Refrain from publishing false or critical statements in regard to the personal character and conduct of any candidate.

Verify Facts Refrain from publishing any unverified allegations against any candidate or political party.

Not Take Money for Stories

• Refrain from accepting any kind of money or gifts to write about a candidate or political party.
• Not publish any advertisement at the cost of public exchequer regarding the achievements of the ruling party.

For example, if certain advertisements of offending nature are published in a newspaper regarding a political party, then it is violative of the MCC and the printer and publisher may be punished for it.

Posters and Pamphlets

The MCC only applies to those printed pamphlets, hand-bill or other documents distributed to promote or demote any candidate or political party.²

For example, if a political party publishes a poster with a morphed picture of a candidate, then it is violative of the MCC and the printer and publisher may be punished for it.

Announcement of Dates

It does not include any hand-bill, placard or poster announcing the date, time, place and other particulars of an election meeting or routine instructions to election agents or workers.

For example, if a political party publishes a poster with a morphed picture of a candidate, then it is violative of the MCC and the printer and publisher may be punished for it.

Publishing the name of the printer and publisher

Any advertisements made in newspapers, posters and pamphlets have to bear the name of the printer and the publisher. If any content in the advertisement violates the MCC, then the printer or publisher responsible may face jail time for six months and/or be punished with a fine up to Rs. 2,000.³

All the printers of newspapers, posters and pamphlets and other print media have to do the following before printing:

• Obtain a copy of a declaration as to the identity of the publisher with the publisher’s signature and two witnesses attesting the declaration.
• One copy of the declaration and the document have to be printed and sent to the Chief Electoral Officer of the State (if it is printed in any capital of a State) or to the District Magistrate of the district where it is printed.

Electronic Versions of Newspapers, Posters and Pamphlets

If the newspaper, posters or pamphlets are in electronic form then the law requires the publisher to pre-certify the advertisement by sending it to a Media Certification and Monitoring Committee set up in district and state levels, who will certify that the document is not violating any laws or the MCC.

1. Press Council of India Guidelines for Election Reporting, https://mea.gov.in/Uploads/PublicationDocs/19163_Guidelines_on_Election_Reporting_1996_22-03-2009.pdf [↩]
2. Chapter 15, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct [↩]
3. Section 127A, Representation of Peoples Act, 1951. [↩]

The content of posters, billboards and hoardings can display general information like family planning, social welfare schemes, etc. but they cannot display the achievements of political parties, photos of politicians and party symbols during campaigning.¹

No political party or candidate can use your land, building or compound wall without your permission to erect billboards, hoardings, flag-staff, notices etc, otherwise it would amount to defacement of your property.

If this happens to you, please complain to your nearest District Electoral Office.

For example, if the ruling party puts up a hoarding on the highway with pictures of the members of their political party, then this violates the Model Code of Conduct.

1. Chapter 6, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ [↩]

Advertising which is in the nature of political propaganda or pursues a political agenda, is known as political advertising. Political advertising is allowed, but regulated by the MCC. If political parties or candidates misuse advertisements to further their prospects in the elections, they are violating the MCC. The MCC prohibits candidates and political parties from doing the following:

• Putting up advertisements that contain any abusive language.
• Putting up advertisements or political arguments which target the personal lives of politicians. Criticizing political parties of their past work is allowed, but parties have to refrain from criticizing the aspects of a candidate’s personal life which is not connected with their political activities.
• Using public exchequer to issue advertisements regarding a coverage of their political rally or political achievements.

The following are the ways by which political parties give out advertisements¹:

• Billboards and Hoardings
• Television and Radio
• Print Media (Newspapers, Posters, Pamphlets etc.)
• Social Media Advertisements

1. Part 1, General Conduct, Model Code of Conduct. [↩]

One cannot use defence forces for campaigning purposes i.e. no political party or candidate should use the photographs of any defence forces or army staff during their campaign. Their photographs or functions cannot be mentioned in advertisements.¹

Some examples of violations of MCC by using armed forces for campaigning are:

• If a candidate campaigns by using the name of army personnel to get votes.
• If a candidate or political party campaigns by putting up posters and billboards with the pictures of defence personnel.

1. Heading 9.8, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct [↩]

There are many practices during an election campaign that candidates are not supposed to do, which count as unfair election practices by the candidates, such as¹:

• Using official vehicles without permission.
• Booth capturing.
• Using the help of gazetted officers, stipendiary judges and magistrates, members of the armed forces, members of police forces, excise officers, revenue officers (other than village revenue officers like Patels, Deshmukhs), etc. for election campaigning.
• Advertising using Government money and public funds.
• Using religion during campaigning.
• Using armed forces during campaigning.
• Unfair use of public grounds and spaces for campaigning
• Unfair use of print media, television, radio, social media etc.

1. Section 123, Representation of Peoples Act, 1951. [↩]

Candidates while campaigning have a duty to¹:

Not Spread Hatred

Candidates should not promote or attempt to promote any feelings of enmity or hatred in the name of religion, race, caste, community, language, etc. by a candidate or a political party.

For example, if a candidate while campaigning asks the Hindu community to vote for him/her, with the promise of eradicating other religious minorities, then this is a practice of spreading hatred among the people.

Not to Promote Sati

Candidates should not propagate or glorify sati since it is not only banned under the MCC but also the law.

For example, if a candidate promises to bring back the sati practice in a community in exchange for votes, then it is a violation of the MCC.

Not Make False Statements

Making false statements in connection with an election to influence the voters to vote for or refrain from voting for a candidate is a violation of the MCC.

For example, if a candidate makes a statement saying that the EVM Machine is recorded and threatening voters with consequences if they do not vote for him, then it is a violation of the MCC.

1. Chapter 4, Heading 4.4, Manual for Model Code of Conduct, Election Commission, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct. [↩]

The political party in power or their candidates are not allowed to monopolize the use of public places like maidans, helipads, etc for holding public meetings.

For this purpose, political parties and candidates are allowed to use public or government-owned spaces such as playgrounds of schools, colleges and other educational institutions or other such public properties, provided that¹:

• Academic calendar of school/college is not disturbed under any circumstances.
• The school/college management has no objection, and prior permission for such campaigning is obtained from them as well as Sub Divisional Officer concerned.
• Such permission is granted on first-come-first served basis and no political party is allowed to monopolize use of such grounds.
• There is no order/direction of any court prohibiting use of any such premise/ground.
• The political parties/candidates/campaigners shall ensure that the MCC is not violated.
• The political party or candidate who has been allowed to use the school grounds will have to ensure that no damage is done to the to the ground. If there is any damage then they must pay appropriate compensation to the school authorities.

Private property can also be used for campaigning for political meetings but they will have to take permission from the owners.

If a person does not take permission from the owner of the property (public or private), it would be a crime where the person will be punished with jail time up to 3 months and/or a fine.

1. Chapter 12, Manual on Model Code of Conduct, available at https://eci.gov.in/files/file/9375-manual-on-model-code-of-conduct/ [↩]