Events & Issues
New
Delhi, 18 March 2021
Election
Commission Woes
INCREASE
WITH ITS PRIMACY
Dr.S.Saraswathi
(Former Director,
ICSSR, New Delhi)
A
six-member delegation of the Trinamool Congress submitted a memorandum to the
Election Commission of India alleging “deep-rooted conspiracy” to “attack” West
Bengal Chief Minister, Mamata Banerjee, and demanding “immediate, thorough, and
unbiased investigation” into the incident that caused injuries to Mamata during
her election campaign. The BJP on the other side, urged the EC to set up a
panel to probe into the incident and requested it to release the footage of the
“accident”. The EC has taken action against three officials for lapses in
security. The incident shows the bitterness of election fight literally carried
on at personal levels. For the EC, it is extension of its responsibility to
undertake investigative policing task - a duty of the regular police.
It
is reported that a couple of days earlier, the EC removed West Bengal DGP with immediate effect on an
adverse joint report from the special general observer and
two police observers and directed the state Chief Secretary to assign no
poll-related duty to that DGP. To the TMC, hedge removal is a proof of the
conspiracy against CM behind the attack. Some more transfers are expected.
Perceived by the TMC as “political interference” by the EC in state
administration.
It
is repetition of similar charge made by West Bengal Government in 2019 of
bias against the EC for transferring
four senior police officers overlooking
the powers vested in the EC under the
Representation of People’s Act over police officers designated for election
duties. An instance of ignoring the powers of the EC.
The TMC also questions the EC about
holding elections in eight phases - one phase more than the number of phases in
the last Lok Sabha election in the State. It is in sharp contrast with single-phase
election announced for Tamil Nadu. But, the query overlooks
the volatile situation prevailing in West Bengal and unending
charges and counter-charges of political
violence and despicable hate
speeches and the need for a large contingent of Central forces
to ensure free and peaceful polling. A case of attributing motives to an
administrative arrangement of the EC in charge of holding elections.
The
EC has given full authority to its observers in West Bengal to monitor
state-wide deployment of police and Central paramilitary forces to intervene
wherever they notice any deviation from approved poll security plan. Poll
observers are said to be the face of the EC in the five States and one Union Territory
going to polls in April. A normal
administrative delegation of authority for prompt and efficient action, but
viewed as a political ploy.
In
Chennai, some organisations working in the field of electoral reforms have
asked the EC to scrutinise election manifestoes and promises made on platforms
by political parties immediately and take action against violations of
guidelines without waiting for polling. A duty of EC derived from its own
regulations, a quasi-judicial work.
A
case is also filed in Madras High Court regarding this. The Supreme Court, in
2013 directed the EC to frame
guidelines to govern the contents of manifestos. The EC has included a
provision making it mandatory for
parties to explain the rationale
behind the promises
made by them and indicate the sources to meet
the financial requirements for them. However,
in 2016, several
complaints were made of lack
of prompt action
against the parties in TN for
violating the guidelines. The EC is now
asked to take action before the election. Necessary, but will widen the woes of
the ECI.
We
can expect a series of petitions as poll manifestos are full of promises of
freebies, cash payments, and special privileges in a competitive spirit
unmindful of availability of resources or the powers of the State Governments. The
AIADMK, for instance, has promised dual citizenship to Sri Lankan Tamil
refugees, Rs.1,500 per month for housewives, and free housing for all homeless. The DMK, to wipe out the label
it has earned as “anti-Hindu”, has promised to finance restoration and
consecration of temples at a cost of Rs.1,000 crore, and spiritual tour for one lakh devotees every year – a
naked religious stunt. To the EC, screening manifestoes is an unnecessary
burden necessitated by parties failing or refusing to follow rules and
guidelines.
Inner
party divisions over recognition, name and symbol have always bothered the EC.
This time, it is the turn of the Kerala Congress taking the case up to the SC
which upheld Kerala High Court’s order confirming the stand taken by the EC.
The allegation against the EC was that its order was “baseless”. A constant
headache of EC in one State or other.
The
EC’s action replacing the pictures of metroman E. Sreedharan, a BJP candidate
with cricketer Sanju Samson, a neutral icon in the posters of the EC has no
political significance, but interpreted differently.
The
Model Code of Conduct, framed in 1968 by the EC and revised in 1982 is aimed at
curbing electoral malpractices and ensuring “level-playing field” for all
parties. In discharging its duty of enforcing the code, EC encounters maximum
problems with parties.
The
EC took several years for realising its own constitutional power and position
and using them also. In fact, the supremacy of the EC in deciding poll-related
issues is much above that of many other institutions. The CEC can be removed
only by impeachment like the judges of the Supreme Court.
During
2019 Lok Sabha elections, the Supreme Court intervened several times to make the EC assert its powers in upholding
free and fair election. In the words of
the then CJI, it roused the EC “to wake up to its own powers” and take action
against politicians for making communal and religious statements in election
campaigns.
It
stood up for the Commission on the issue of transparency in electoral bonds and
directed parties to provide complete information to the EC on every single
donor and contribution received
through electoral bonds. EC’s decision
to rescind the election in Vellore was upheld by the Madras High Court as the
decision of an expert body.
2019
marked a stage of enhancing EC’s responsibility. Present series, bringing up
more and more ticklish issues is bound to increase its woes and with that, its
primacy in handling elections in the
world’s largest democracy. Still, the EC is powerless in de-registering
political parties. It has no judicial power to award punishment for contempt.
The
numerous problems the EC is facing today should not lead to disgust and
despair. It is challenged, accused, and questioned, and may feel the pressure
of parties and the burden of problems, and has to fulfil the expectations of
voters to organise orderly elections.
Despite
many rules and regulations, election atmosphere is deteriorating day by day.
Still, we are able to conduct free and
fair elections. Much of the credit is
due to the constitutional body - the Election Commission of India.
Any
reform pertaining to conducting elections and concerning the agencies involved
in election matters must come in consultation with the EC, which has vast
experience in dealing with parties, leaders, and the electorate engaged in
bitter fight for political power. ---INFA
(Copyright, India
News & Feature Alliance)
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