India General Election 2024: Four Prohibitions on Use of Religion

Understanding the Model Code of Conduct

Newsreel Asia Insight #167
March 21, 2024

The Model Code of Conduct (MCC) was enforced on March 16, establishing guidelines for the behaviour of the government, political parties, candidates and the media to guarantee free and fair elections. It specifically tackles the use of religion in election campaigns, understanding which is essential for us to identify and report any infractions.

The MCC was activated as the Election Commission of India (ECI) declared that the Lok Sabha elections would be conducted in seven phases, spanning from April 19 to June 1, with the results scheduled to be announced on June 4.

There are four prohibitions concerning the use of religion in the electoral context.

1. Communal Appeals

The MCC explicitly prohibits any appeal for votes based on religion, caste or other communal grounds. This means that candidates and political parties cannot use religious sentiments or identity as a tool to garner electoral support. The rationale behind this is to prevent the electoral process from intensifying social divisions or nurturing communal tensions.

The prohibition extends to the use of places of worship, such as temples, mosques, churches or gurudwaras, for election campaigning. The intent is to keep religious spaces free from political activities and ensure that they remain places for worship and spiritual solace, not political discourse.

2. Religious Tensions

The MCC mandates that all political entities must conduct their campaigns in a manner that does not incite hatred or cause tension between different religious or community groups. This includes avoiding derogatory remarks about religious practices, beliefs or figures that could inflame passions or lead to communal unrest.

The code seeks to maintain a secular and respectful political environment, ensuring that election campaigns do not become flashpoints for religious or communal conflicts.

3. Criticism of Opponents

While the MCC allows for the criticism of political opponents on the basis of policies, actions and public record, it strictly forbids attacks based on personal life, especially if they are unrelated to public activities. More importantly, it bars criticism rooted in an opponent’s religion, race, caste, community or language.

This ensures that the electoral competition remains focused on governance, policies and performance, rather than descending into personal attacks or communal polarisation.

4. Religious Gatherings

The use of religious gatherings for electioneering is strictly prohibited under the MCC. This includes avoiding campaign speeches or activities that coincide with religious events or festivals, which could be seen as an attempt to exploit religious sentiments for electoral gain.

The aim is to ensure that religious events remain neutral spaces, free from political influence, and that the sanctity of religious observances is maintained without being overshadowed by electoral considerations.

General Guidelines

Other guidelines for contesting parties and candidates include prior permission for holding election meetings and processions. The parties and candidates must also ensure that their supporters do not create obstructions in or break up meetings and processions organised by other parties.

The MCC prohibits the use of official mass media for campaign purposes in a manner that advantages the ruling party. Campaigning must cease 48 hours before the polling ends.

Bribing, intimidation, impersonation and canvassing within 100 meters of polling stations are strictly prohibited. Parties and candidates should not indulge in any activity that amounts to corrupt practices and electoral offences under the election laws.

Further, the governing party must ensure that it does not use its official position for campaign purposes. It should not advertise at the cost of the public exchequer or use official media to improve its chances of winning the election.

These provisions in the MCC are crucial for upholding the secular and democratic values of India’s electoral process, ensuring that elections are conducted in a fair, free and unbiased manner, without being influenced by religious considerations or communal biases.

Monitoring & Action Mechanism

The ECI is the authority responsible for monitoring the MCC.

The ECI deploys observers to various constituencies to monitor the conduct of the election and ensure compliance with the MCC. These observers report any violations directly to the ECI.

At the state and district levels, Media Certification and Monitoring Committees (MCMCs) are established to scrutinise media content and advertising to prevent paid news and ensure unbiased reporting.

The ECI also sets up control rooms and complaint monitoring systems where individuals and political parties can report suspected MCC violations. These complaints are then investigated by the ECI.

Upon receiving a report of violation, the ECI can issue a notice to the concerned party or individual, seeking an explanation within a specified timeframe.

Based on the response and the severity of the violation, the ECI may issue advisories or warnings to the violators, instructing them to rectify the breach or cease the offending behaviour. For serious violations, the ECI can order the filing of a First Information Report (FIR) under the Indian Penal Code (IPC) and Representation of the People Act (RPA), leading to legal proceedings.

In cases of extreme violation, the ECI has the power to disqualify candidates or derecognise political parties, although such actions are rare and taken only in egregious circumstances.