Model Code of Conduct[edit] The Election Commission is regarded as guardian of free and fair elections. In every election, it issues a Model code of Conduct for political parties and candidates to conduct elections in free and fair manner. The Commission issued the code for the first time in 1971 (5th Election) and revised it from time to time. It lay down guidelines for conduct of political parties & candidates during elections. However, there are instances of violation of code by the political parties and complaints are received for misuse of official machinery by the candidates. In I.D. Systems (India) Pvt. Ltd. v/s. Chief Election Commissioner,[7] the Kerala High Court held that the object of model code of conduct is not to stop all governmental activities but only those actions which may directly influence a section of electors need to be prevented. The need for such code is in the interest of free and fair elections. However, the code does not have any specific statutory basis. It has only a persuasive effect. It contains what, known as “rules of electoral morality”. But this lack of statutory backing does not prevent the Commission from enforcing it.
Posted on: Sat, 01 Feb 2014 04:46:18 +0000
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