Why in news?

Recently, some Opposition leaders’ helicopters have been in the news as they have been searched by authorities in the last few days. Helicopters are often used by politicians to hop from one place to another during their poll campaigning.

The Opposition has alleged that these searches were conducted at the behest of the Centre to harass them.

However, officials in the Election Commission (EC) say they have been carried out in accordance with the poll panel’s standard instructions. It was aimed at preventing the transport of cash and freebies via airfields and helipads since the Model Code of Conduct (MCC) has been in force.

What’s in today’s article?

• Model Code of Conduct (MCC)
• EC guidelines

Model Code of Conduct (MCC)

• About
  • The MCC is a set of guidelines by the Election Commission of India that spells out how political parties and candidates must conduct themselves during the election campaign and polling.
    • It is a set of norms which has evolved with the consensus of political parties.
    • Though the MCC has no statutory backing, it has grown in strength as a result of the ECI’s strict enforcement since its implementation in the 1990s.
  • It aims to ensure free and fair elections by promoting a level playing field and preventing unfair practices.
  • The MCC includes rules regarding campaigning, speeches, polling booths, and general behavior to maintain the integrity of the electoral process.
• Applicability
  • The code comes into force immediately when the election dates are declared and remains till the results are announced.
  • The MCC applies to all elections from the Lok Sabha and state Assemblies to local bodies.

EC guidelines

• For commercial helipads and airports
  • Chartered aircraft and helicopters don't need permission before landing or taking off from commercial airports according to the EC.
  • But, the Air Traffic Control (ATC) must tell the state's chief electoral officer (CEO) and district electoral officer (DEO) about these flights as soon as possible, ideally half an hour before.
  • The ATC must also keep a record of all chartered flights, noting the take-off/landing time, passenger list, and flight route.
  • According to EC guidelines, baggage on these flights must be screened by CISF or police personnel without any exceptions.
  • If they find cash over Rs 10 lakh or bullion weighing more than a kilogram, they must inform the I-T department.
• For non-commercial helipads and airports
  • The flying squads appointed by the EC or the police, along with the pilot, are responsible for inspecting or physically examining all luggage on the aircraft, except for women passengers' hand-held purses, at non-commercial helipads and airports.
  • The commission requires candidates or political parties to submit an application to the District Election Officer (DEO) at least 24 hours before the aircraft/helicopter's scheduled arrival to arrange for proper security measures.
  • According to Election Commission rules, if any candidate or party members are found with more than Rs 50,000 in cash on a flight, it may be investigated and confiscated.
  • However, passengers will not be searched upon disembarking at remote airports/helipads unless there's specific information about unauthorized items like weapons or illegal goods.

Have leaders’ aircraft been searched during past polls?

• Ahead of the 2019 Lok Sabha elections, Mohammed Mohsin, a Karnataka-cadre IAS officer, in the capacity of an election observer, had ordered the search of PM Modi’s helicopter in Odisha.
• The EC subsequently suspended Mohsin and argued that as the PM’s security was handled by the Special Protection Group (SPG), he was exempted from such checks.
• However, the Central Administrative Tribunal (CAT) stayed his suspension.
  • The tribunal observed that it cannot be said that SPG protectees are eligible for anything and everything.