Model Code of Conduct

The Model Code of Conduct is a set of agreed standards governing political parties, candidates and governments during elections. It is non-statutory, meaning that it has not been enacted as a law and its breach is not automatically an offence. It operates from the announcement of the election schedule until completion of the electoral process.

Constitutional basis

The Election Commission of India enforces the Code through its power of superintendence, direction and control of elections under Article 324. This constitutional power enables the Commission to issue directions where election law is silent, but it cannot override an existing statute or create a new criminal offence.

Nature of enforcement

Although the Code lacks independent statutory force, it is not merely advisory in practice. The Commission may seek explanations, issue warnings or censures, direct compliance and instruct election authorities to prevent or stop prohibited conduct.

• Enforcement primarily rests on the Commission's constitutional authority and the political consensus underlying the Model Code of Conduct.
• Election officials and administrative authorities must comply with lawful directions issued by the Commission for conducting free and fair elections.
• The Commission's decisions remain subject to judicial review.

When a violation becomes legally punishable

An act violating the Code may independently violate the Representation of the People Act, 1951, criminal law or another applicable statute. In such cases, prosecution or other legal consequences arise under that law, not merely from breach of the Code.

• A Code violation by itself does not automatically constitute an electoral offence, a corrupt practice or a ground for setting aside an election.
• Statutory provisions concerning matters such as promoting enmity, election meetings near the close of polling and misuse of official authority may operate alongside the Code.