Jammu and Kashmir Assembly Elections 2024 | FAQs: What is Model Code of Conduct (MCC)?

Following the Election Commission's announcement of polls in Jammu and Kashmir for the first time since 2014, the Model Code of Conduct (MCC) came into effect.

Jammu and Kashmir is voting in three phases—September 18, September 25, and October 1. Results will be declared on October 8.

The MCC, issued by the ECI, lays down guidelines highlighting dos and don'ts for political parties and their leaders ahead of polls.

Parties are advised to "strictly adhere" to these guidelines.

In view of the upcoming polls, here's everything you need to know about the MCC.

What is MCC?

A set of rules issued by the ECI to regulate political parties and their candidates prior to elections, MCC is put into force to guarantee the conduct of free and fair elections in India. These rules are binding on all parties, and take into account portfolios, polling booths, election speeches, polling day, manifestos, and processions.

What restrictions does MCC impose?

There are eight provisions in the MCC that deal with general conduct of parties and leaders, as well as meetings, processions, etc. leading up to polling day. It also has guidelines pertaining to the polling day itself, polling booths, election observers etc. The main points are as follows.

• Parties in power, state or central cannot use their official position for electoral gain. This means avoiding policy, project or scheme announcements that could sway away the voters.

• Using public resources for advertising and promoting achievements is prohibited.

• Ministers are barred from combining official duties with election work or using government machinery for campaigning.

• Opposition parties are given equal access to public facilities for election activities.

• Using public funds for advertisements is prohibited.

• Criticism of political parties or candidates should be based on work record, not caste or communal beliefs.

• Bribery, intimidation, and voter impersonation is banned.

• Using places of worship for elections campaigns is prohibited.

• Public meeting within 48 hours of polling is prohibited. This period is called 'election silence' and allows voters to reflect on their choices before voting.

When does the MCC come into effect?

The MCC comes into effect the moment the ECI announces election dates, and it remains in force until election results are declared.

Is MCC legallly binding?

While the MCC lays down guidelines, it is not legally binding—instead the ECI relies on moral impetus for its enforcement.

What happens in cases of MCC violations?

In cases of suspected MCC violations, the ECI issues a notice to the relevant party/leader, either independently, or in response to a complaint that has been filed.

Upon receiving this notice, the party or candidate in queston must respond in writing either acknowledging fault and offering an apology or refuting the accusation. If the latter happens and they are found guilty afterwards, they may receive a written reprimand from the ECI, which many consider to be a mild punishment.