What Happens To Policy Making After The Election Code Kicks In

The period from the date polls are announced till elections are held, often called ‘Election Time’ in Indian English, is a period when curbs are placed on not only political parties and the media to ensure fair play in the conduct of elections but also on governance, where major policy decisions are kept in abeyance so that voters are not swayed. 

This quite naturally means that major policy decisions, inaugurations of various projects and schemes or changes in laws are an absolute no-no. 

For example, announcements like the recent notification of rules for the Citizenship Amendment Act (CAA), which allows non-Muslims who migrated from Pakistan, Bangladesh, or Afghanistan to seek Indian citizenship after six years of residence here, would have been disallowed if it had been made after the election code of conduct had kicked in. 

Once the “silence period” for governance starts, it stops the government from carrying out many of the functions it normally does as it becomes in effect a ‘lame duck’ regime.

The aim, of course, is to ensure that no unfair advantage accrued to the incumbent government through any partisan use of the powerful administrative machinery that the Central and state governments have.

Curbs On Official Machinery

Some of the rules are written down in the Election Code of Conduct, but many more are imputed and come from rulings by successive Election Commissions and Supreme Court judgments.

No political functionary is allowed to use serving officers for electioneering or use the state apparatus for campaigning. 

A case in point related to this was when a single judge bench of the Allahabad High Court invalidated the election of the then Prime Minister Indira Gandhi in 1975 because a former member of her official staff acted as an election agent before his resignation’s acceptance was officially notified. 

The ruling, which a Times of India editorial of that period, termed as “firing a Prime Minister for a traffic ticket” also held guilty district officials who may have helped set up a stage and arranged loudspeakers for a rally Gandhi held during her poll campaign. 

The judgment was later set aside by the Supreme Court but not before making the litigant Raj Narain, a hero of sorts, for besting the powerful Prime Minister and doing much damage to the ruling Congress’s prestige.

Among other things, no new schemes or projects can be announced nor work on already sanctioned projects be started unless actual work on the ground began before the election was announced. 

“It can become a very unequal contest if the state machinery is used by the party power. Democracy has to ensure a level playing field and hence more curbs are to be imposed on the party in power,” explained Ranjan Chatterjee, a former Secretary to the government of India who has been involved in the conduct of several elections since 1977. 

Ministers and other political authorities are also not allowed to announce or promise any financial grants in any form, lay foundation stones, etc. for projects or schemes of any kind; or for that matter promise to construct roads, provide drinking water facilities, etc., or make any ad-hoc appointments in Government, Public Undertakings, etc.

Similarly, ministers and authorities are not allowed to sanction grants or payments out of any discretionary funds from the time elections are announced. This includes any fresh release of any MP/MLA fund.

However, very often the line dividing fresh promises and reiteration of schemes announced earlier is blurred at least in public perception. 

During the 2021 state elections in Assam, the chief minister Himanta Sarma was accused by the opposition of announcing various development works and financial assistance to self-help groups in tea gardens, the CM himself termed them as ongoing projects.

The Election Commission also routinely advises Chief Ministers and ministers not to participate in convocations etc., (except state days) and instead, Governors are expected to attend these functions.

In case of state days, no advertisements can be issued with the photograph of the minister or chief minister. 

Budgetary Provisions & Financial Institutions

Even if a budgetary provision has been made for a particular scheme, the inauguration or announcement of such a scheme is prohibited during the election period.

In case a stone-laying ceremony has to be completed as was announced earlier, a senior civil servant is expected to do the honours without involving any political functionary.

At the same time, financial institutions funded, partially or wholly by the Governments – Central or state – (such as PSU banks, state industrial finance corporations, Grameen banks, etc.) are advised not to write off loans advanced to any individual, company, firm, etc., once the elections are announced.

Besides, the financial limits of such institutions, while granting or extending loans, can’t be enhanced during this period. The EC can also step in, in case it feels they are issuing loans indiscriminately to beneficiaries.

Emergency Situation

However, all these bindings can be relaxed if an emergency– whether it be a natural calamity, a war-like situation, or a financial emergency - emerges. 

Nevertheless, even to perform their duties during emergencies, the political executive has to consult the Commission.

At the same time, according to various rulings made from time to time, all ostentatious functions are to be strictly avoided while taking up these emergency works and no impression is created that such welfare measures or relief and rehabilitation works are being undertaken by the 
Government in office with any ulterior motive.

Announcing Important Routine Policy Decisions

Policy decisions that are taken in the normal routine but have significance, such as deciding the minimum support price (MSP) of agricultural products can be done only after getting clearance from the Election Commission.

However, processing of tenders, auctions, etc. relating to matters such as liquor vends, and Tendu leaves, should be deferred till the election process is over. 

Both the Central and state governments can seek clarifications, clearance, or approval from the Election Commission, whenever in doubt.

Misuse Of Official Machinery

The Ministers are also not allowed to combine their official visit with electioneering work. Only the Prime Minister from the operation of the model code of conduct provision regarding combining official visits with electioneering visits.

The EC is also clear that state-owned transport including official aircraft, vehicles, etc. can’t be used.

Ministers or any other political functionaries are not allowed during the election period, to use a pilot car or car with beacon lights or sirens, either on a private or official visit, even if the State administration has granted him a security cover with armed guards for such a visit. 

Transfers & Postings

At the same time, there is a total ban on the transfer and posting of all officers directly or indirectly connected with the conduct of the election. If any transfer or posting of an officer is considered necessary, permission has to be obtained from the Election Commission. 

Even if an officer who is involved in election-related work is transferred before enforcement of the model code of conduct and has not taken over charge at the new place, then he cannot take up his new posting. 

Ministers, whether of Union or State, cannot summon any officer who is involved in election-related work for any official discussions anywhere.

The only exception allowed is when a Minister, in his capacity as in charge of the department concerned, or a Chief Minister within his state undertakes an official visit to a constituency, in connection with the failure of law and order or a natural calamity or any such emergency.

Advertisements, Hoardings and Functions

The EC specifically prohibits coming out with advertisements of the ruling party at the cost of public exchequer in either print or electronic media or misuse of the official mass media during the period of election.

All hoardings, advertisements, etc. on display depicting the achievements of the ruling party(s) at the Centre or in the State, which are being paid for at the cost of public exchequer, have to be removed by the concerned authorities.

New advertisements at the cost of the public exchequer are also a strict no-no.

Central Ministers, Chief Ministers, State Ministers, and other political functionaries can attend Martyrdom days as well as poets' meets, musical soirees, etc., organised in connection with Independence Day or Republic Day. However, they cannot deliver any political speeches highlighting the achievements of the party in power on these occasions.

Ongoing Schemes 

Schemes such as the Indira Awas Yojana can continue to be rolled out but with certain provisos, so that the ruling party is not able to gain any political mileage. Beneficiaries, who have been sanctioned money and work has started on their residence, will get the money due to them. However, no new constructions will be taken up or fresh beneficiaries assisted till the elections are over.

Similarly, for the National Rural Employment Guarantee Act (NREGA), the Ministry of Rural Development can’t increase the number of districts where the scheme is being implemented once elections are announced. 

The thumb rule shall be that no new beneficiary will be enrolled in these programmes nor new previously unapproved work be taken up. 

In case of any unusual situation such as a huge demand for jobs at a time when no previously approved work programme exists, then a reference can be made to EC. 

How Successful Has The Poll Code Been

Most officials involved in elections feel that the code has been more or less successful in curbing malpractices but fear that as electoral battles get sharper and shriller, the temptation to misuse official machinery or funds for bettering electoral purposes may also increase.

“Possibly, the period between the announcement of the election and actual voting should be increased, perhaps to 90 days. The silence period is needed for people to logically make up their minds and draw a distinction between the normal achievements of the government and plans or directions that a political party wants to steer a city or a state or the entire nation towards,” said Chatterjee.