Political career for Indian Youth-General Elections-Model Code of Conduct-FAQ10
What is the Model Code of Conduct?
Ans. The Model Code of Conduct for guidance of political parties and candidates is a set of norms which has been evolved with the consensus of political parties who have consented to abide by the principles embodied in the said code and also binds them to respect and observe it in its letter and spirit.
What is the role of Election Commission in the matter?
Ans. The Election Commission ensures its observance by political party (ies) in power, including ruling parties at the Centre and in the States and contesting candidates in the discharge of its constitutional duties for conducting the free, fair and peaceful elections to the Parliament and the State Legislatures under Article 324 of the Constitution of India. It is also ensured that official machinery for the electoral purposes is not misused. Further, it is also ensured that electoral offences, malpractices and corrupt practices such as impersonation, bribing and inducement of voters, threat and intimidation to the voters are prevented by all means. In case of violation, appropriate measures are taken.
From which date the Model Code of Conduct is enforced and operational upto which date?
Ans. The Model Code of Conduct is enforced from the date of announcement of election schedule by the Election Commission and is operational till the process of elections are completed.
What is applicability of code during general elections and bye-elections?
Ans. a. During general elections to House of People (Lok Sabha), the code is applicable throughout the country.
b. During general elections to the Legislative Assembly (Vidhan Sabha), the code is applicable in the entire State.
c. During bye-elections, the code is applicable in the entire district or districts in which the constituency falls.
What are the salient features of the Model Code of Conduct?
Ans. The salient features of the Model Code of Conduct lay down how political parties, contesting candidates and party(s) in power should conduct themselves during the process of elections i.e. on their general conduct during electioneering, holding meetings and processions, poll day activities and functioning of the party in power etc.
Whether a Minister can combine his official visit with electioneering work?
Ans. No. The Ministers shall not combine their official visit with electioneering work and shall not also make use of official machinery or personnel during the electioneering work.
Whether Govt. transport can be used for electioneering work?
Ans. No. No transport including official air-crafts, vehicles etc. shall be used for furtherance of the interest of any party or a candidate.
Whether Govt. can make transfers and postings of officials who are related to election work?
Ans. There shall be a total ban on the transfer and posting of all officers/officials directly or indirectly connected with the conduct of the election. If any transfer or posting of an officer is considered necessary, prior approval of the Commission shall be obtained.
Suppose an officer related to election work has been transferred by the Govt. before enforcement of model code of conduct and has not taken over charge at new place. Can such officer take over charge of office at new place after announcement of the code?
Ans. No. Status-quo-ante shall be maintained.
Q.10. Whether a Minister of Union or State can summon any election related officer of the constituency or the State for any official discussion during the period of elections?
Ans.
No Minister, whether of Union or State, can summon any election related officer of the constituency or the State for any official discussions anywhere. If Union Minister is traveling out of Delhi on purely official business, which cannot be avoided in public interest, then a letter certifying to this effect should be sent from the concerned Secretary of the Ministry/Department to the Chief Secretary of the
concerned State, with a copy to the Election Commission.
