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आप क्या सीखेंगे?
What is Model Code of Conduct (MCC), Election Code of Conduct, Polity By VeeR, Current Affairs 2019
Q-1. What is the Model Code of Conduct and who does it apply to?
The model code refers to a set of norms laid down by the Election Commission of India, with the consensus of political parties
Q-2. When was it introduced?
Introduction to the 1960 Assembly elections in Kerala.
During simultaneous polls to the Lok Sabha and Assemblies in several States in 1962, the EC circulated the code to all recognised parties,
In October 1979, the EC came up with a comprehensive code
In 2013, the Supreme Court directed the Election Commission to include guidelines regarding election manifestos, which it has included in the MCC for the 2014 general elections.
Q-3. What are the key provisions of the Model Code of Conduct?
General conduct(सामान्य आचरण),
Meetings(बैठकें),
Processions or March (जुलूस),
Polling day(मतदान दिवस),
Polling booths(पोलिंग बूथ),
Observers(पर्यवेक्षकों),
Party in power(सत्ता में पार्टी),
Election manifestos(चुनाव घोषणापत्र).
The Model Code of Conduct remains effective till the entire elections process is not completed- So that free and fair elections take place.
Q-4. When is the code enforced?
The code comes into force on the announcement of the poll schedule and remains operational till the process is concluded, as provided in the notification.
It is also applicable to a “caretaker” government on premature dissolution of a State Assembly.
Q-5. How is it enforced?
The EC ensures that ruling parties at the Centre and in States adhere to the code, as part of its mandate to conduct free and fair elections under Article 324 of the Constitution & Representation of the People Act.
Creating mutual hatred or causing tension between different castes and communities, religious or linguistic
Q-6. Is the Model Code of Conduct legally binding?
The MCC is not enforceable by law.
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,
Representation of the People Act, 1951.
The Election Commission has argued against making the MCC legally binding; stating that elections must be completed within a relatively short time (close to 45 days), and judicial proceedings typically take longer, therefore it is not feasible to make it enforceable by law
On the other hand, in 2013, the Standing Committee on Personnel, Public Grievances, Law and Justice, recommended making the MCC legally binding.
In a report on electoral reforms, the Standing Committee observed that most provisions of the MCC are already enforceable through corresponding provisions in other statutes,
Indian Penal Code- 1860
Code of Criminal Procedure- 1973,
Representation of the People Act, 1951.
It recommended that the MCC be made a part of the Representation of the People Act, 1951
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