Schedule, nomination and campaign: the Model Code of Conduct

Detail

1. The election schedule — from announcement to poll

• Election schedule means the fixed list of dates for each stage of an election. The Election Commission of India (ECI) sets these dates under s.30 of the Representation of the People Act (RPA), 1951.
• Steps in order:

#	Stage	Legal anchor	Time rule
1	The ECI issues a press note announcing the schedule. The Model Code of Conduct (MCC) starts at once.	Art. 324	Announcement day
2	Notification (the formal legal order that starts the election): the President issues it for the Lok Sabha and the Governor for a state assembly, each on the ECI's recommendation.	s.14 (Lok Sabha), s.15 (assembly)	For a general election, it cannot come earlier than 6 months before the House's term ends
3	Last date for nominations	s.30(a), s.33	The 7th day after notification
4	Scrutiny (the Returning Officer checks each nomination paper)	s.30(b), s.36	The day after nominations close
5	Last date for withdrawal	s.30(c), s.37	The 2nd day after scrutiny
6	Poll	s.30(d)	At least 14 days after the last date for withdrawal

• After withdrawal, the list of contesting candidates is published (s.38). Symbols are given out at this stage.
• The 14-day gap exists so that candidates have time to campaign and voters have time to learn about them.

2. Nomination and security deposit

• Nomination is the formal paper by which a person becomes a candidate. It is filed with the Returning Officer (RO), the officer who runs the election in one constituency.
• Proposers (s.33): these are voters of the constituency who sign the candidate's nomination.
• A candidate of a recognised national or state party needs 1 proposer.

• Other candidates (from unrecognised parties, and independents) need 10 proposers.

• Form 26 affidavit: every candidate files a sworn statement about their criminal cases, assets, debts and education. It comes from Rule 4A of the Conduct of Election Rules, 1961, and s.33A RPA. It is covered in more detail under electoral reforms.

• Giving false facts in it is an offence under s.125A (jail of up to 6 months, a fine, or both).

• Scrutiny (s.36): the RO can reject a nomination. Common reasons are that the candidate is not qualified, is disqualified, or the paper is defective in a major way.

• Security deposit (s.34): money a candidate pays to show they are serious about contesting. It keeps away non-serious candidates.

House	General candidate	SC/ST candidate
Lok Sabha	₹25,000	₹12,500
State assembly	₹10,000	₹5,000

• Forfeiture (s.158): a candidate who loses and gets one-sixth or less of the total valid votes loses the deposit to the government.
• The deposit is returned if the nomination is rejected or withdrawn, or if the candidate dies before the poll.

3. The Model Code of Conduct (MCC) — meaning and history

• Model Code of Conduct (MCC): a set of rules for parties, candidates and the government in power during an election. It covers how they may campaign and how the government must behave.
• History:
• 1960: it began in the Kerala assembly election as instructions to parties about meetings, speeches and slogans. The parties agreed to it on their own (voluntarily) [2].
• 1962: the code was sent to recognised parties for the Lok Sabha general election. Parties largely followed it, and it continued in later elections [2].
• 1979: a section on the "party in power" was added. For example, ministers cannot mix official visits with election work or use official machinery for campaigning [2].
• 1991 onwards: it has been strictly enforced. Credit goes mainly to T.N. Seshan, Chief Election Commissioner from 1990 to 1996, who made officials and politicians obey it.

• 2013–14: in S. Subramaniam Balaji v. State of Tamil Nadu (2013), a case about freebies, the Supreme Court directed the ECI to frame guidelines on election manifestos. These guidelines were added to the MCC for the 2014 general election [3]. The freebies debate is covered under electoral reforms.

• Duration: the MCC runs from the announcement of the schedule until the results are declared.

• In Union of India v. Harbans Singh Jalal (Supreme Court, 2001), the Court accepted that the MCC applies from the date of announcement, not only from notification.

4. The eight parts of the MCC

1. General conduct: - no activity that deepens hatred between castes, communities or religions; - no appeals to caste or religious feeling for votes; - no use of places of worship for campaigning; - criticism of rivals must be about policies, not their private lives.

2. Meetings: the party tells the police the place and time in advance so that they can keep order.

3. Processions: the route and timing are planned in advance. Rival processions must not clash.
4. Polling day: party workers carry identity badges. No liquor is given out. Party camps near booths are kept simple.
5. Polling booths: only voters and people holding a valid ECI pass may enter.
6. Observers: the ECI appoints observers (senior officers sent to watch the election). Candidates can report problems to them.

7. Party in power: the ruling party at the Centre or in the state must not use its office for the campaign. - It cannot announce new schemes, financial grants or projects, or lay foundation stones. - It cannot misuse official vehicles, government guest houses, aircraft or advertising paid for with public money. - Transfers and postings of officials linked to the election are restricted. - Ministers cannot combine official tours with election work [2].

8. Election manifestos (added in 2014): manifestos must not go against the Constitution's ideals. Promises should explain how they will be paid for [3].

• NCERT examples of MCC breaches (Class 8 complaint pictures): abusive language against rivals, government officials campaigning, and bundles of ₹500 notes handed out to voters. Class 9 uses the case study of a candidate, Ishani, to ask students which campaign acts are fair and which are not.

5. Legal status — a code, not a law

• The MCC is not a statute (a law passed by Parliament). No court jail term follows from breaking the code by itself [3].
• How it is still enforced:
• Art. 324: the ECI's power of "superintendence, direction and control" of elections. Using this power, the ECI issues warnings and censures, and can ban a leader from campaigning for some hours or days.
• Para 16A of the Election Symbols (Reservation and Allotment) Order, 1968: the ECI can suspend or withdraw a party's recognition if the party breaks the MCC.

• Overlapping penal law: many MCC rules also exist in the RPA 1951, the old IPC (now BNS 2023) and CrPC (now BNSS 2023). These can be used to take criminal action [3].

• Reform debate: in 2013 the Parliamentary Standing Committee on Personnel, Public Grievances, Law and Justice recommended making the MCC legally binding by putting it into the RPA 1951 [3].

• The ECI has opposed this. It fears that court cases would delay action, because elections finish within weeks.

6. cVIGIL and Suvidha — technology for enforcement

• cVIGIL (launched 2018): an ECI mobile app on which any citizen can report MCC or election-spending breaches [4].
• It accepts only live photos or videos taken inside the app, with the location captured automatically (geotagged). This makes the evidence harder to fake [4].
• The user has 5 minutes to file the report after taking the picture [4].
• The complaint goes to the district control room, then to a flying squad. A "100-minute" countdown applies to action on it [4].

• 2024 Lok Sabha election: more than 4.24 lakh complaints were received. 99.9% were disposed of, and about 89% were settled within 100 minutes [5].

• Suvidha: an ECI portal where candidates and parties apply online for permission to hold rallies and meetings and to use vehicles (NCERT Class 9).

7. Corrupt practices (s.123 RPA 1951)

• Corrupt practice: a serious wrong act by a candidate or their agent during the election. If proved in an election petition (a case filed in the High Court within 45 days of the result, under ss.80-81), the election can be set aside (cancelled) under s.100. The person can also be disqualified for up to 6 years under s.8A.

Clause of s.123	Corrupt practice
(1)	Bribery: giving money or gifts to make someone vote, not vote, or stand as a candidate
(2)	Undue influence: threats, or interfering with a voter's free choice
(3)	Appeal for votes on grounds of religion, race, caste, community or language, or using national symbols
(3A)	Promoting enmity or hatred between groups
(3B)	Glorifying sati
(4)	Publishing false statements about a candidate's personal character
(5)	Giving voters free transport to the polling station
(6)	Spending more than the legal limit (s.77)
(7)	Getting help from government servants
(8)	Booth capturing

• NCERT Class 9 picks out three of these: bribery, appeals on caste or religion, and use of government resources.
• Case: Abhiram Singh v. C.D. Commachen (2017, seven-judge bench). The Court held that an appeal to the religion or caste of the voters, not only of the candidate, is a corrupt practice under s.123(3).

8. Electoral offences

• Electoral offence: a crime punished with a fine or jail by an ordinary criminal court. It differs from a corrupt practice, which is decided in an election petition and leads to the result being cancelled.
• RPA 1951, ss.125-136, for example:
• s.125: promoting enmity between classes in connection with the election;
• s.125A: false affidavit;
• s.126: breaking the silence period;
• s.126A: exit-poll ban;
• s.127: disturbing election meetings;
• s.127A: pamphlets and posters must carry the printer's and publisher's name (imprint);
• s.130: no canvassing within 100 metres of a polling station;
• s.135A: booth capturing;
• s.135B: paid holiday for voters on polling day;

• s.135C: no sale of liquor around the poll.

• Bharatiya Nyaya Sanhita (BNS), 2023, Chapter IX "Of offences relating to elections" (ss.169-177) replaced Chapter IXA of the IPC (ss.171A-171I). It covers:

• bribery (s.170);
• undue influence (s.171);
• personation, meaning voting as someone else (s.172);
• false statements, illegal payments, and failure to keep election accounts (ss.175-177).

9. Silence period, opinion polls and exit polls

• Silence period (s.126): during the 48 hours before the poll is due to end, the law bans:
• public meetings and processions for the election;
• showing any election matter on television, cinema or similar media.

• Punishment: jail of up to 2 years, a fine, or both.

• Opinion poll: a survey taken before voting about how people plan to vote. It is barred only during the 48-hour silence period. ECI proposals for a longer ban have not become law.

• Exit poll: a survey of voters taken as they leave the polling station. Under s.126A, added by the RPA (Amendment) Act, 2009:
• exit-poll results cannot be published from the start of the first phase until half an hour after the last phase closes;
• this matters because Lok Sabha polls run in many phases (7 phases in 2024). Early results could sway voters in later phases.

Prelims Hooks

• s.30 RPA gives the timeline: nominations close on the 7th day after notification, scrutiny is the next day, withdrawal is 2 days after scrutiny, and the poll is at least 14 days after withdrawal.
• Notification: the President issues it for the Lok Sabha (s.14) and the Governor for an assembly (s.15). It is not issued by the ECI, though the ECI recommends it.
• Security deposit (s.34): ₹25,000 for the Lok Sabha and ₹10,000 for an assembly, half for SC/ST candidates. It is forfeited at one-sixth or less of valid votes (s.158).
• MCC timeline: Kerala 1960, then nationwide in 1962, the "party in power" section in 1979, strict enforcement from 1991 (Seshan), and the manifesto part in 2014 after S. Subramaniam Balaji (2013).
• Trap: the MCC is not in the RPA or the Constitution. The ECI enforces it through Art. 324 and Para 16A of the Symbols Order, 1968.
• cVIGIL (2018): live geotagged photos or videos, a 5-minute upload window and a 100-minute action target. In 2024 it received more than 4.24 lakh complaints.
• s.126 is the 48-hour silence period, and s.126A (2009) is the exit-poll ban. Opinion polls are barred only within the 48 hours.
• Corrupt practice vs electoral offence: a corrupt practice (s.123) leads to the election being cancelled and the candidate disqualified through a High Court election petition. An electoral offence (ss.125-136, BNS ss.169-177) leads to fine or jail.
• BNS 2023 Chapter IX (ss.169-177) replaced IPC Chapter IXA (ss.171A-171I).
• Abhiram Singh (2017): an appeal to the voters' religion or caste is also a corrupt practice.

Mains Points

• Should the MCC become law?
• For (2013 Standing Committee [3]): legal backing would give certainty and real penalties.

• Against (ECI): court cases take years, but an election lasts weeks, so a quick moral and administrative code works better. Most serious breaches are already crimes under the RPA and BNS.

• Long MCC periods and governance: a multi-phase poll can freeze new schemes and transfers for two or more months. This feeds the "policy paralysis" argument used for simultaneous elections. Against this, the MCC is the main check on a ruling party using public money and officials for its campaign.

• Enforcement gaps:
• The ECI's sanctions (campaign bans for some hours or days, censures) are seen as weak.
• It has been accused of acting unevenly against leaders of different parties.
• Social media and paid content fall outside s.126, which covers only TV and similar media.

• Reform proposals: clear time limits for deciding complaints, using Para 16A firmly, and extending the silence-period rules to digital media.

• Citizen-led enforcement: apps like cVIGIL (89% of 2024 complaints settled within 100 minutes [5]) shift enforcement from the elite to the public. They are a good example of technology-based electoral governance for GS-II answers.