A code of conduct is usually a
set of written rules that govern the behavior of public officials or private
individuals or organizations. Many electoral
systems provide for codes of conduct that apply to electoral officials, other
government officials carrying out election-related responsibilities, political
parties, candidates and sometimes the media. Codes of conduct are designed to
prevent and address unethical behaviour; if binding, individuals and entities subject
to such codes can be held legally accountable for their actions. Short of that, the codes can include
mechanisms for monitoring and dispute resolution, such as establishing a council of the signatories that can meet to resolve disputes.
A code of conduct can be a
stand-alone document or part of broader legislation. For example, in the US State
of Wyoming, the Ethics and Disclosure Act is part of legislation on
public service, and Wyoming
public officials and election officers are required to comply with it. In South
Africa, the code of conduct for election
officers is a regulation designed specifically for them.
Codes of conduct that are
entrenched in legislation or regulations are enforceable and may set sanctions
and penalties for violations—or example, a fine, suspension from office or
disqualification as a candidate. Violations of the code that involve criminal
acts are usually referred to the criminal justice system.
In India,
political parties and candidates are required to abide by a code of conduct
that was issued by the Election Commission, based on a consensus of the
political parties. The code sets out broad guidelines on how political parties
and candidates should conduct themselves during a campaign.[1]
Electoral codes of conduct are
intended to keep the election campaign within acceptable limits, avoid clashes
and conflicts between political parties or their supporters, and to ensure
order and avoid disruptions during the campaign period and thereafter, until
the results are declared. The code should also prescribe guidelines for the
ruling party to ensure that a level field is maintained and that no cause is
given for any complaint that the ruling party has abused its official position
for the purposes of its election campaign.
[1] Election Commission of India,
The Electoral System of India
(New Delhi, n.d.)
