Assembly Elections 2022: Understanding enforcement of the Model Code of Conduct
History and Evolution
Political parties have been an integral element of the freedom movement and the political ethos of India. While this is the case, they have also caused various controversies by using religion, money and muscle power to garner votes during elections.
The most high-profile case of electoral malpractice in India was probably the declaration of the election of Indira Gandhi from Rae Bareli as null and void during 1975, on the count of misusing the government machinery to gain an unfair advantage in an election.
As a result, on the eve of the general election to the Lok Sabha in October 1979, the Election Commission issued a comprehensive Model Code which was divided into seven parts, devoting one complete part (Part VII) to the role of the party in power at the Centre and in the States.
Anti-defection provisions making political defection a ground for disqualification were first inserted in the Constitution of India only in 1985. Yet, in today' s times, one cannot imagine that elections are completely free and fair.
Enforcement of Model Code of Conduct
The 1991 general election was a watershed event that contributed majorly to the evolution of the Model Code. That year, the Model Code was further amplified and re-issued. The Election Commission took the stand that Model Code shall come into operation right from the day the election schedule was announced. There was a major disagreement between the Election Commission and the Central government and some of the state governments on this point.
A definite view on this issue came from the Punjab & Haryana High Court in Harbans Singh Jalal v. Union of India & Others. In this matter, a writ petition was filed against the Election Commission' s direction to make the Model Code applicable from the date of announcement of the programme for the general election to the Punjab Legislative Assembly in December 1996. While upholding the Election Commission' s direction, the High Court in its order dated May 27, 1997, maintained that the Election Commission was entitled to take necessary steps for conducting free and fair elections, even from the date of announcement of the election. The Central government. who was a party in the matter, appealed this decision before the Supreme Court, which gave no concrete view on the same.
A series of meetings were held between the Election Commission and the Centre to resolve the issue, after which an agreement was reached on April 16, 2001. It was agreed that the Model Code would come into force from the date the Election Commission announces the schedule for any election, though a rider was added that such announcement shall not ordinarily be made more than three weeks in advance of the date of notification of that election. Later, it was endorsed by the Supreme Court in its judgment in S Subramaniam Balaji v. Government of Tamil Nadu & Others dated July 5, 2013 that the Model Code becomes enforceable from the date of announcement of the election programme.
In February 2014, an additional Part VIII was added to the Model Code to regulate the issue of election manifestos. In fact, Part VIII of the Model Code relating to manifesto comes into force even before the date of announcement of the election, if a manifesto is issued by any political party before such announcement.
Guidelines for political parties and candidates
Satya Muley
History and Evolution
Political parties have been an integral element of the freedom movement and the political ethos of India. While this is the case, they have also caused various controversies by using religion, money and muscle power to garner votes during elections.
The most high-profile case of electoral malpractice in India was probably the declaration of the election of Indira Gandhi from Rae Bareli as null and void during 1975, on the count of misusing the government machinery to gain an unfair advantage in an election.
As a result, on the eve of the general election to the Lok Sabha in October 1979, the Election Commission issued a comprehensive Model Code which was divided into seven parts, devoting one complete part (Part VII) to the role of the party in power at the Centre and in the States.
Anti-defection provisions making political defection a ground for disqualification were first inserted in the Constitution of India only in 1985. Yet, in today' s times, one cannot imagine that elections are completely free and fair.
Enforcement of Model Code of Conduct
The 1991 general election was a watershed event that contributed majorly to the evolution of the Model Code. That year, the Model Code was further amplified and re-issued. The Election Commission took the stand that Model Code shall come into operation right from the day the election schedule was announced. There was a major disagreement between the Election Commission and the Central government and some of the state governments on this point.
A definite view on this issue came from the Punjab & Haryana High Court in Harbans Singh Jalal v. Union of India & Others. In this matter, a writ petition was filed against the Election Commission' s direction to make the Model Code applicable from the date of announcement of the programme for the general election to the Punjab Legislative Assembly in December 1996. While upholding the Election Commission' s direction, the High Court in its order dated May 27, 1997, maintained that the Election Commission was entitled to take necessary steps for conducting free and fair elections, even from the date of announcement of the election. The Central government. who was a party in the matter, appealed this decision before the Supreme Court, which gave no concrete view on the same.
A series of meetings were held between the Election Commission and the Centre to resolve the issue, after which an agreement was reached on April 16, 2001. It was agreed that the Model Code would come into force from the date the Election Commission announces the schedule for any election, though a rider was added that such announcement shall not ordinarily be made more than three weeks in advance of the date of notification of that election. Later, it was endorsed by the Supreme Court in its judgment in S Subramaniam Balaji v. Government of Tamil Nadu & Others dated July 5, 2013 that the Model Code becomes enforceable from the date of announcement of the election programme.
In February 2014, an additional Part VIII was added to the Model Code to regulate the issue of election manifestos. In fact, Part VIII of the Model Code relating to manifesto comes into force even before the date of announcement of the election, if a manifesto is issued by any political party before such announcement.
Guidelines for political parties and candidates
Satya Muley
Satya is a leading Civil & Criminal Law lawyer from Western India.
He practices at Bombay High Court, the Supreme Court and Courts in Pune/Maharashtra & New Delhi.
For any queries or support in legal matters you can reach him at or at Contact Us
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