What Stops the Poll Panel from Showing its Teeth?

Election Fever, it is well known, is marked with symptoms like flushed faces and delirious babble—nothing that a cold towel pressed to the temple can’t alleviate.
The Election Commission of India
The Election Commission of India

Election Fever, it is well known, is marked with symptoms like flushed faces and delirious babble—nothing that a cold towel pressed to the temple can’t alleviate. But what we are witnessing at the moment is something much more serious. Murderous strain of some strange virus seems to have entered the body politic.

Vilest abuses coupled with inflammatory incitements are being hurled. The temperatures refuse to come down and the deadly infection that has spared none shows no signs of ebbing. Even the topmost leaders of the BJP, Congress and the SP-BSP combine have not remained immune. Worst is the impotence of the institutions responsible for conducting free and fair elections  to punish the miscreants who flout the rule of law. The Election Commission (EC) has failed miserably to cope with the challenges that mock its existence.

The EC had in past years introduced many reforms to eliminate corrupt practices, reduce violence and increase participation. Its campaigns to educate the voters of their rights and duties had contributed significantly to cleaning up the process. Unfortunately, there has been a dramatic decline. Most of the time the honourable commissioners are seen fretting and fussing—their fury finds expression in frowns that none is afraid of. Expressions of concern and deep distress have become the routine. They seldom show the courage to go beyond verbal censure and stern warnings. 

For the first time in the history of our nation, eminent citizens have been constrained to petition the President about the steady decline in public esteem that the EC has suffered and the erosion of its credibility as an impartial body. 

At long last some spine is being shown. UP Chief Minister Yogi Adityanath, the SP leader notorious for habitually mouthing vulgarities and rabble-rousing, Azam Khan, and BSP chief Mayawati have been banned from campaigning for two to three days in the last phase preceding the voting. Only the Congress has been spared and the order on the face of it doesn’t appear to be even-handed. It is still difficult to be reassured by the ‘medication’ that reminds us of the saying ‘too little, too late.’

What stops the EC from ordering the officials in charge of law and order to file cases for offences committed under the IPC and let detentions effectively disable mischief mongers? The EC isn’t as toothless as it has rendered itself. It has powers to penalise candidates and even political parties. Individuals can be disqualified and debarred from contesting elections for years and political parties de-recognised and deprived of associated privileges.

These may appear to some as drastic prescription but bear in mind that what we are talking about isn’t the nuisance created by buzzing insects that can be eliminated with a fly swat or a rolled-up newspaper. Time has come to bring out the sledgehammer and weed it if need be. Only exemplary punishment can deter serial criminals who have all but wrecked the system. The constitutional provisions are clear and the Supreme Court concurs with the view that ‘when the elections are underway EC is the only government in the land.’

It is extremely sad when some state governments—and even the government at the Centre—appear flouting the authority of the EC. The Income Tax Department officials are suddenly possessed by devilish energy and enthusiasm to raid the premises of persons and parties who have been vocal in opposition. They feel no need to keep the EC in the loop. Chief Ministers like Mamata Banerjee and Chandrababu Naidu lose no time in casting doubts on the EC’s integrity. Transfers of officials ordered by the EC for the duration of elections have become needlessly disputed. The controversy related to EVMs is raked up time and again only because the EC hasn’t been decisive enough.

Ironically, the SC that recognises the primacy, and exclusive and extensive powers of the EC has itself ‘ordered’ it to increase the number of VVPAT-enabled machines in each Assembly segment from one to five! The EC has to comply. Citizens of this country—lay voters and specialist scholars alike—have also been left confused by the arguments articulated by the learned Attorney General in the apex court during the hearing on electoral bonds introduced by the FM in the last budget.

He believes that while voters have a right to know the source of funds of a candidate, they have no such right or the need to unveil the source of funding of a political party. We seem to be living at present in a hybrid world where characters and situations from Alice in Wonderland and Animal Farm coexist happily for the members of the ruling class. Willing suspension of disbelief may enhance enjoyment of literary works but it can only prove detrimental to the health of any democracy. pushpeshpant@gmail.com

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