The election manifesto, a crucial document outlining the promises and agenda of political parties, holds significant sway in the electoral process. However, to maintain the integrity of elections and ensure a level playing field, the Supreme Court, in its landmark judgment on July 5th, 2013, directed the Election Commission to frame guidelines for election manifestos in consultation with all recognized political parties.
The Supreme Court Judgment Observed:
(i) “Although, the law is obvious that the promises in the election manifesto cannot be construed as ‘corrupt practice’ under Section 123 of RP Act, the reality cannot be ruled out that distribution of freebies of any kind, undoubtedly, influences all people. It shakes the root of free and fair elections to a large degree".
(ii) “The Election Commission, in order to ensure level playing field between the contesting parties and candidates in elections and also in order to see that the purity of the election process does not get vitiated, as in past been issuing instructions under the Model Code of Conduct. The fountainhead of the powers under which the Commission issues these orders is Article 324 of the Constitution which mandates the Commission to hold free and fair elections.”
(iii) “We are mindful of the fact that generally political parties release their election manifesto before the announcement of election date, in that scenario, strictly speaking, the Election Commission will not have the authority to regulate any act which is done before the announcement of the date. Nevertheless, an exception can be made in this regard as the purpose of election manifesto is directly associated with the election process”.
After consultations with national and state political parties, the Election Commission noted conflicting views on the matter. While some parties supported the issuance of guidelines to regulate manifestos, others argued that it is their democratic right to make such offers to voters. Recognizing the importance of manifestos in democratic discourse, the Commission acknowledges the need to mitigate any adverse impact on the electoral process.
In line with the Supreme Court's directive and after due consultation, the Election Commission has issued the following guidelines for political parties and candidates regarding election manifestos:
Adherence to Constitutional Principles
Manifestos should not contain anything contrary to the ideals and principles enshrined in the Constitution. They must also align with the spirit of the Model Code of Conduct.
Welfare Measures
While political parties can promise welfare measures consistent with the Directive Principles of State Policy, they should avoid pledges that could compromise the purity of the election process or unduly influence voters.
Transparency and Accountability
Manifestos should provide a rationale for promises and indicate how they will be financed. Voters should trust only those promises that are feasible to fulfill.
Guidelines For Releasing Manifestos During Elections
The guidelines issued by the Election Commission of India also specify prohibitory periods for releasing manifestos during elections:
Single-Phase Elections
Manifestos should not be released during the prohibitory period or 'Election Silence Period' prescribed under Section 126 of the Representation of the People Act, 1951.
Multi-Phase Elections
Manifestos should not be released during the prohibitory periods of all phases as per Section 126 of the Representation of the People Act, 1951.
These guidelines aim to uphold the integrity of the electoral process, ensuring that manifestos serve as credible documents that inform voters without unduly influencing their decisions. By adhering to these principles, political parties can contribute to the fairness and transparency of elections, safeguarding the democratic fabric of the nation.
(This article ends here, but continue reading to know about Importance of the MCC, Common Questions on MCC, and What You Can Do to enforce it effectively)
KNOW THE IMPORTANCE OF THE MODEL CODE OF CONDUCT
The MCC plays a crucial role in ensuring that elections are conducted in a fair, transparent, and orderly manner. It levels the playing field for all candidates and protects the interests of voters.
MCC Highlights:
1. Ensures Fair Play
By prohibiting corrupt practices and ensuring that no party gains an unfair advantage, the MCC helps maintain the integrity of the electoral process. This is vital for preserving public trust in the democratic system.
2. Protects Voter Rights
The MCC safeguards voters' rights by preventing intimidation, bribery, and undue influence. This ensures that voters can make independent and informed choices at the polls.
3. Promotes Peaceful Elections
By regulating the conduct of political parties and their supporters, the MCC reduces the likelihood of violence, disturbances, and social unrest during elections. This contributes to a more peaceful and orderly election environment.
Common Questions and Answers
1. Is the MCC legally binding?
No, the MCC is not legally enforceable. However, the Election Commission of India has the authority to take action against parties or candidates who violate its provisions, including issuing warnings or disqualifications.
2. Does the MCC apply to digital and social media campaigns?
Yes, the MCC applies to all forms of campaigning, including digital and social media platforms. Political parties and candidates must adhere to the same guidelines online as they do offline.
3. Can the MCC prevent all electoral malpractices?
If the MCC is enforced in letter and spirit, it can be a powerful tool to prevent election malpractices to a large extent.
What Can You Do?
As a citizen of India, your vote is powerful, but individual awareness of the Model Code of Conduct (MCC) guidelines alone may not bring about significant change. However, by helping other voters understand these Election Dos and Don’ts, you can make a tangible difference in ensuring free and fair elections.
Remember: Mass Awareness is Key to Conducting Elections Fairly and Transparently, so share this information with your family and friends.