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Model Code of Conduct - The key to Indian Elections

third eye

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Given the mammoth task at hand for each election - national or state , the EC has over the years turned itself into an efficient & firm organisation which has tamed the wildest politician or party.

One wonders why do nations like BD need a caretaker Govt to run elections when such impartial orgnisations can be created and nurtured.

The Model Code Of Conduct

India has a habit of making a law for everything, yet most laws rarely go beyond the paper they are written on. In such an environment the Model Code of Conduct (MCC) for Political Parties and Candidates developed by the Election Commission of India, may seem as an oddity. Yet the apparent success of the MCC may lie in the fact that political parties find MCC useful to keep a check on their rivals. As political competition has increased over the years, there has been a greater realisation among major political parties to accept a common set of ground rules, in their own self-interest.

The independence and impartiality of the Election Commission, built over the decades, has helped it to act as a neutral umpire. The apparent success of MCC illustrates that the effectiveness of a law, does not necessarily lie in its legislative status, or in the power of the agency entrusted to enforce it, but in the socio-political context in which the law operates, and the convergence of interest among wide range of stakeholders to try and abide by it.

“The code has no specific legal standing. Any unsettled dispute must go to judicial process. In a country where rules are broken with impunity it is interesting to observe that this honour code has survived and worked. Some of the mystery is explained by the fact that despite the odds, elections and election outcomes have remained sacrosanct in Indian democracy.

“The code is not a set of rules but guidelines, which the Election Commission asks parties to follow to ensure fair elections. “The code was first issued in 1971 and has over the years been tweaked to reflect the changing dynamics of Indian politics. Electoral experts said that by the 2004 elections, most political parties had agreed to honor the guidelines. The code now acts as a self-regulating system because “political parties use it to keep the other in check.

“Much of it is designed to avert communal clashes and corrupt practices. For example, politicians should not use hate speech, pitting on community against another or make promises about new projects that may sway a voter “While other sections are included to protect decorum during campaigning.

Salient points of MCC

1. Before using loud speakers during their poll campaigning, candidates and political parties must take permission or license from the local authorites. The candidates should inform the local police for conducting election rallies to enable the police authorities to make required security arrangements.

2. The contesting candidates and their campaigners must respect the home life of their rivals and should not disturb them by holding road shows or demonstrations infront of their houses. The Code tells the candidates to keep it.

3. The election campaign rallies and road shows must not hinder the road traffic.

4. The Code has asked the candidates to refrain from distributing liquor to voters. It is a widely known fact in India that during election campaigning, liquor would be distributed to the voters.

5. The election Code in force hinders the government or ruling party leaders from launching new welfare programmes like construction of roads, provision of drinking water facilities etc. or any ribbon-cutting ceremonies.

6. The Code instructs that the public spaces like meeting grounds, helipads, government guest houses and bungalows should be equally shared among the contesing candidates. These public spaces should not be monopolised by a few candidates.

7 On the polling day, the Code asks all party candidates to cooperate to the poll-duty officials at the voting booths for an orderly voting process. Candidate should not display their election symbols near and around the poll booths on the polling day. No one should enter the booths without valid pass from the Election Commission.

8. The Code says that there will be poll observers to whom any complaints can be reported or submitted.

9. The ruling party should not use its seat of power for the campaign purposes.

10. The ruling party ministers should not make any ad-hoc appointment of officials, which may influence the voters in favour of the party in power, the Model Code of Conduct says.
 
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Power of an autonomous & constitutional establishment, free of any political interference. Just imagine giving this kinda freedom to our investigation & law enforcement agencies!
 
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