Lok Sabha Elections 2024: The Election Commission will announce the dates of the Lok Sabha elections tomorrow(Saturday- March 16, 2024). Along with this, the dates of assembly elections in the states(Odisha, Sikkim, Arunachal Pradesh, and Andhra Pradesh) will also be announced. With this announcement of the Election Commission, the code of conduct will be implemented across the country.
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In such a situation, let us know what is the election code of conduct. Who enforces it? Which work stops and which continues during this period?
What is a Code of Conduct?
The Election Commission has made some rules to conduct free and fair elections in the country. These rules of the Commission are called codes of conduct. It is important for the government, leaders and political parties to follow these rules during Lok Sabha/Assembly elections.
The Election Commission, in the discharge of its constitutional duties under Article 324 of the Constitution of India to organize free, fair, and peaceful elections to the Parliament and State Legislatures, requires the ruling party(ies) at the Center and the States and the contesting candidates to Ensures.
It is also ensured that bureaucracy is not misused for election purposes. As soon as the code of conduct comes into force, government employees become employees of the Election Commission until the election process is completed. The code of conduct is a system implemented with the consent of all political parties.
How long does the code of conduct remain in effect?
When the Election Commission announces the election dates. With that, the code of conduct comes into force. This time the codes of conduct will come into effect from tomorrow i.e. (March 16, 2024). Because the Election Commission will announce the election dates on Saturday. The code of conduct remains in force until the election process is completed. Or in other words, the code of conduct remains in force until the election results are declared. The code of conduct ends as soon as the election process is completed.
Applicable to the common man also
If any common man violates these rules, then action will be taken against him also under the code of conduct. This means that even if you are engaged in campaigning for any of your leaders, you will still have to be aware of these rules. If any politician asks you to work outside these rules, you can refuse to do so by telling him about the code of conduct. Because if found doing so, immediate action is taken. You can also be detained for violation.
Government cannot do transfer-posting
After the implementation of the Code of Conduct, the government cannot do transfer-posting of any government officer or employee. Even if the transfer has become very necessary, the government cannot take this decision without the consent of the Election Commission. During this period, the Chief Election Commissioner of the state can transfer the posting of officers as per the need.
To organize a rally, information has to be given to the police station.
To take out a party procession or rally, a candidate has to get permission from the Election Commission. The candidate also has to give this information to the nearby police station. Police officers have to give information about the public meeting and its location.
What happens if the code of conduct is violated?
After the implementation of the Election Code of Conduct, many rules also come into force. No politician or political party can violate these rules. Apart from this, it is also ensured that activities like crime, malpractice and corrupt practices, bribery and inducement of voters, intimidation and intimidation of voters are prevented during elections. Appropriate action is taken in case of their violation.
If any person or political party does not follow the rules, the Election Commission can take action against him. The candidate can also be barred from contesting elections. Also, FIR can also be registered against him. If proven guilty, the candidate may have to go behind bars.
Action can be taken
The Election Commission can take action even before the code of conduct starts. In 2010, a complaint was received before the Election Commission that BSP had violated the model code of conduct by making statues of its election symbol ‘elephant’ with government money.
On this complaint, the Election Commission said that action cannot be taken on alleged misuse of government power and machinery by any political party outside the time limit of the code of conduct.
This stand of the Commission was challenged in the Delhi High Court in Common Cause vs. BSP. After examining the rules related to this case, the High Court gave its decision. The court had said that the Election Commission can declare the election symbol of BSP invalid.
What is included in election expenses?
Election expenditure includes the amount that a candidate legally spends during an election campaign. This includes expenditure on public meetings, rallies, advertisements, posters, banners, vehicles, and advertisements. Under Section 77 of the Representation of the People Act, 1951, every candidate is required to maintain a separate and accurate account of all expenditure incurred from the date of nomination till the date of declaration of result.
Candidates have to submit their expenditure details to the Election Commission within 30 days of the completion of the elections. If the candidates submit wrong details then the Election Commission can disqualify them for three years under Section 10 of the Act.
When Did It Start?
The Model Code of Conduct was first introduced in the Kerala Assembly elections in 1960, detailing what a candidate can and cannot do. The Election Commission had informed all the political parties about this for the first time in the 1962 Lok Sabha elections. The system of code of conduct came into effect from the 1967 Lok Sabha and Assembly elections. Since then till now it has been followed regularly. However, its guidelines have been changing from time to time.
There is no ban on these works?
The government scheme on which work started before the implementation of the code of conduct continues despite the implementation of the code of conduct. Those schemes in which who will get the benefits have been identified before the implementation of the code of conduct will continue.
At the same time, already running schemes like MNREGA continue. The new schemes that have been approved and the funds for them have also been sanctioned will continue to run. Also, work like driving license, caste-residence certificate, and land registry continues even during the code of conduct.
What actions are not allowed during the code of conduct?
During elections, the code of conduct outlines rules for political parties and candidates. These rules aim to prevent any actions that could influence the outcome of the elections.
- New plans or announcements cannot be made by the government when the code of conduct is in place. Ground-breaking ceremonies and official openings are also not permitted.
- Government resources cannot be used for election campaigns, including vehicles, residences, and aircraft.
- Political parties must obtain permission for rallies, processions, or meetings.
- Religious places and symbols cannot be exploited for electoral purposes.
- Bribery of voters is strictly prohibited.
- All party-related slogans and propaganda materials on walls, hoardings, banners, and posters must be removed when the code of conduct begins.
- Transportation of voters to polling stations by vehicles is not allowed.
- Distribution of liquor is banned on voting day and 24 hours prior.
- Officials involved in election duties cannot meet with political leaders or ministers personally.
- Personal attacks on candidates or parties are not permitted.
- Appeals for votes based on religion or caste are forbidden in election rallies.
- Submission of pension forms and issuance of new ration cards are suspended during the code of conduct.
- Funds cannot be released from the Local Area Development Fund by elected representatives.
- Government-sponsored parties, such as Iftar parties, are not allowed during the code of conduct.
- No new government projects will commence, and tenders will not be issued for new work.
- Clearances for large buildings are not granted during the code of conduct.
- Campaigning is prohibited within 100 meters of polling stations on voting day, and meetings are banned the day before.
- New arms licenses and BPL yellow cards will not be issued.
Also Read: Top 5 Companies Purchasing Most Electoral Bonds: Insights into Corporate Influence