The Election Commission of India commenced the 18th Lok Sabha General Elections on 19 April 2024 with Phase 1 of polling across 102 parliamentary constituencies in 21 states and Union Territories. The seven-phase election schedule, announced on 16 March 2024, covers 543 Lok Sabha constituencies with polling concluding on 1 June 2024 and results declared on 4 June 2024. The Model Code of Conduct has been in effect since 16 March 2024, imposing binding restrictions on the conduct of the ruling government and all political parties.
Background
The 2024 Lok Sabha elections are the largest democratic exercise in global history, with approximately 968 million registered voters eligible to participate. The Election Commission, operating under the constitutional mandate of Article 324, deployed an unprecedented logistical and technological infrastructure for conducting the polls.
The election cycle carries particular legal significance in the context of several major developments during the preceding parliamentary term. The outgoing 17th Lok Sabha enacted three new criminal codes — the Bharatiya Nyaya Sanhita, the Bharatiya Nagarik Suraksha Sanhita, and the Bharatiya Sakshya Adhiniyam — which replace the Indian Penal Code, Code of Criminal Procedure, and Indian Evidence Act respectively, though these had not yet come into effect as of the election date.
The Model Code of Conduct, while not statutory in origin, operates as a binding framework enforced by the Election Commission under its plenary powers under Article 324. Its activation restricts the incumbent government from announcing new policies, projects, or financial grants that could influence voters, effectively placing a moratorium on major policy announcements.
Key Provisions
The election framework encompasses the following elements:
Polling schedule: Seven phases — 19 April, 26 April, 7 May, 13 May, 20 May, 25 May, and 1 June 2024 — covering all 543 Lok Sabha constituencies and simultaneous assembly elections in certain states.
Electoral roll: Approximately 968 million registered voters, the largest electorate in any single national election globally, serviced by approximately 1.05 million polling stations.
Model Code of Conduct: In effect from 16 March 2024 until the completion of the election process. Prohibits new government schemes, transfers of officers in election-related positions, and misuse of official machinery for political purposes.
VVPAT compliance: All electronic voting machines deployed with Voter Verifiable Paper Audit Trail units, following the Supreme Court's directions in Subramanian Swamy v. Election Commission of India mandating VVPAT verification.
Expenditure monitoring: Candidate expenditure ceiling set at Rs 95 lakh for Lok Sabha constituencies in larger states and Rs 75 lakh in smaller states, with the ECI deploying expenditure observers in all constituencies.
Legal framework: Elections conducted under the Representation of the People Act, 1951 and rules framed thereunder, with the ECI exercising supervisory jurisdiction over all aspects of the electoral process.
Implications for Practitioners
The activation of the Model Code of Conduct has immediate consequences for practitioners advising government departments and public sector undertakings. All new contracts, appointments, and policy announcements are effectively frozen, and practitioners should advise clients to defer non-essential government engagements until the election process concludes.
For election law specialists, the 2024 cycle presents heightened compliance obligations given the ECI's intensified monitoring of campaign financing and social media usage. The legal framework for challenging election results under the Representation of the People Act requires practitioners to maintain meticulous documentation of alleged electoral irregularities during each phase for potential election petition proceedings.
Corporate and regulatory practitioners should note that the policy moratorium affects pending regulatory consultations, draft notifications, and proposed amendments across all government departments and regulators, potentially delaying compliance timelines that were in progress prior to the MCC activation.