With Assembly polls in Haryana and Maharashtra scheduled for October 21, this is the season for political parties to unveil their election manifestos. In many ways, manifestos are a procedure, and their release is often no more than a photo-op in the poll campaign.

They are frequently delayed, leaving no time for voters to go through the contents in order to make informed choices.

In any case, voting patterns are imposed largely by tribal instincts and loyalties to communities, castes or individuals, with dispassionate arguments having only a limited role to play in the choices voters make.

This is because election manifestos are not legally enforceable documents. In 2015, a Bench comprising Chief Justice of India H.L. Dattu and Justice Amitava Roy declined to entertain a petition filed by advocate Mithilesh Kumar Pandey on this subject, saying there was no provision in law under which political parties could be held liable for not fulfilling promises made in their election manifestos.

Guidelines on election manifestos

* In 2013, the Election Commission (EC), acting on directions given by the Supreme Court, added guidelines on election manifestos in the Model Code of Conduct (MCC).

* In the S. Subramaniam Balaji vs Government of Tamil Nadu and Others case (July 2013), a Bench of Justices P. Sathasivam and Ranjan Gogoi ruled that the “distribution of freebies of any kind, undoubtedly, influences all people”, and “shakes the root of free and fair elections to a large degree”.

* Considering that there is “no enactment that directly governs the contents of the election manifesto”, the court directed the EC “to frame guidelines for the same in consultation with political parties”.

* It suggested that “a separate head for guidelines for election manifesto released by a political party can also be included in the Model Code of Conduct for the guidance of political parties and candidates”.

Additions to the Model Code

After the Supreme Court directions, the EC met with recognised national and state parties for consultations, and then issued the following guidelines under Part VIII of the Model Code of Conduct…

* The election manifesto shall not contain anything repugnant to the ideals and principles enshrined in the Constitution and further that it shall be consistent with the letter and spirit of other provisions of Model Code of Conduct.

* The directive principles of state policy enshrined in the Constitution enjoin upon the state to frame various welfare measures for the citizens and therefore there can be no objection to the promise of such welfare measures in election manifestos. However, political parties should avoid making those promises that are likely to vitiate the purity of the election process or exert undue influence on the voters in exercising their franchise.

* In the interest of transparency, level playing field and credibility of promises, it is expected that manifestos also reflect the rationale for the promises and broadly indicate the ways and means to meet the financial requirements for it. Trust of voters should be sought only on those promises that are possible to be fulfilled.

Prohibitory period for manifestos

The guidelines also laid down the prohibitory period for the release of election manifestos.

* In case of a single-phase election, the manifesto shall not be released during the prohibitory period, as prescribed under Section 126 of The Representation of the People Act, 1951.

* In case of a multi-phase election, the manifesto shall not be released during the prohibitory periods, as prescribed under Section 126 of The Representation of the People Act, 1951, of all the phases of those elections.

* In Section 126, the ‘prohibitory period’ signifies the “period of 48 hours ending with the hour fixed for conclusion of poll”.