EC issues notice to Congress chief Mallikarjun Kharge

• The Election Commission took note of Congress president Mallikarjun Kharge calling Prime Minister Narendra Modi a “terrorist” and issued him a show cause notice.

• He has been asked to explain his stand within 24 hours.

• Kharge reportedly accused PM Modi of “terrorising” political parties by misusing government machinery and central agencies to stifle the opposition.

• In the notice, the Election Commission stated that it is prima facie of the opinion that Kharge, who is a star campaigner of Congress, has violated the provisions of the Model Code of Conduct.

What is Model Code of Conduct?

• 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.

• Its objective is to keep the campaigning, polling and the counting process orderly, clean and peaceful and check any abuse of state machinery and finances by the party in power. 

• The Code guides how political parties, contesting candidates and parties in power should conduct themselves during the process of elections. It includes their general conduct during electioneering, holding meetings and processions, poll day activities and functioning of the party in power, etc.

• Model Code of Conduct is not a statutory document. 

• Though the Model Code of Conduct does not have legal sanctity, several of its provisions have enabling laws contained in the Indian Penal Code and the Representation of the People Act, 1951.

• The MCC comes into force as soon as the EC announces the poll schedule and remains operational until the process is concluded.

• The Election Commission is fully authorised to investigate any violation of the code and pronounce punishment.

Parts of Model Code of Conduct

Model Code of Conduct contains eight parts:

• Part I of Model Code lays stress on certain minimum standards of good behaviour and conduct of political parties, candidates and their workers and supporters during the election campaigns.

• Parts II and III deal with the holding of public meetings and taking out processions by political parties and candidates.

• Parts IV and V describe how political parties and candidates should conduct themselves on the polling day and at the polling booths.

• Part VI exhorts political parties and candidates to bring their complaints to the notice of the observers appointed by the Election Commission for remedial action.

• Part VII deals with the parties in power. This part deals with several issues relating to the government and its ministers, such as visits of ministers, use of government transport and government accommodation, announcements of various schemes and projects, etc. 

• The Part VIII says that election manifestos 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.

(The author is a trainer for Civil Services aspirants.)