Political Diary
New Delhi, 19 September 2023
Election Omission
INDEPENDENT EC, REALLY?
By Poonam I Kaushish
What is it about
Election Commission and cleansing the political cesspool that scares our polity
away? Specially when they love talking about their love for Bharat’s swatantra and nishpaksh chunav and strengthening Nirvachan Sadan
ad nauseam. Really?
As Parliament’s special session begins,
there is disquiet in Opposition, intellectuals and section of the
Establishment, including the Election Commission (EC) over two provisions in The Chief Election Commissioner (CEC)
and Other Election Commissioners (ECs) (Appointment, Conditions of Service and
Term of Office) Bill, 2023 introduced in Rajya Sabha last month slated for
discussion and passage which seeks to downgrade service conditions of the three
ECs and, consequently, threatens to erode their authority.
One, on CEC and ECs
appointment which states: A committee comprising the Prime Minister, Leader of
Opposition in Lok Sabha, and a nominated Union Minister would select the ECs.
This is in contrast to the present practice of the Chief Justice of India being
on the Committee.
Two, the Bill proposes
to revise salary, allowance and service conditions of the CEC and two ECs,
aligning them with those of Cabinet Secretary. Presently, it is aligned to a
Supreme Court judge. True, this change doesn’t have significant financial
implications, as the basic salary of a Supreme Court judge and Cabinet
Secretary is nearly identical --- Supreme Court judges are entitled to more
post-retirement benefits, including lifetime drivers and domestic help.
Questionably,
the political signals Modi Government is sending with this move seem off beam as
it would not only reduce CEC and ECs authority but also put them below
Ministers in the pecking order. Alongside the disquiet about how aligning
ECs with the bureaucracy could potentially tie their hands and erode their
perceived power.
“Being
seen as an equal of Cabinet Secretary means you are even below a Minister of
State in stature. How do you think this will play out when the Commission tries
to discipline a Prime Minister and Union Minister for violations during an
election,” said an EC official.
Adding,
“At present, when Commissioners call the Cabinet or Law Secretary at the Centre,
State Chief Secretary for a meeting, or seek their explanation regarding a
lapse or deliberate disregard of their direction, their order is perceived to
carry a Supreme Court judge’s authority as they are not their equals. How do
you think the new Bill will affect their command and control if they are seen
as equal to Cabinet Secretary?”
Further,
more than perception it has ramifications in exchanges between EC and Centre as
the practise is CECs address their letters to the President, Prime Minister and
Law Minister while Commission’s officers handle interactions with their
Government counterparts.
Another
oddity in the Bill is how CEC and ECs are removed. The Constitution states CEC
and ECs can only be removed in a manner similar to a Supreme Court judge. But
the Bill aligns their service conditions with a bureaucrat, Cabinet
Secretary.
An ex-CEC described the downgrading
as EC’s “dilution of authority” as the changes equate ECs with babus and the “political class cannot be
disciplined by civil servants. This is a wrong message about the independent
character of the EC.
“It’s hard earned
reputation of ferocious independence could be in tatters which would be
disastrous for our democracy. Politicians must remember that their legitimacy
comes from free and fair elections conducted by a Constitutional body whose
legitimacy is the ultimate guarantor of the credibility of elections.”
States
former CEC Quraishi: “Such a move would affect India's international standing
too, as much of the developing world looks at our electoral democracy and most
ECs abroad are retired Supreme Court judges or enjoy status of Supreme Court
judges. We are the vishwa guru
in elections, 108 countries have sent their ECs to learn from us in the past 10
years. What are we achieving by downgrading?
“In the past few years, the
Government has similarly equated salary of the Chief Information Commissioner
(CIC) and Chief Vigilance Commissioner (CVC) with the Cabinet Secretary instead
of an Apex Court Judge. The difference is the CVC and CIC are not Constitutional
bodies like the EC. The equivalence of the EC to a judge is implied in the
Constitution itself as it says the CEC can only be removed through impeachment,”
Interestingly, nearly five decades ago, the BJP’s
forerunner Jana Sangh demanded EC be made a multi-member body, Government
should gradually move towards funding elections and Parties and candidates
should not bear poll-related expenses, a Judicial Commission should adjudicate
all electoral disputes and Government reconsider the polling system to reflect
people’s aspirations.
The following year it asked
Government to reconsider the electoral system and suggested elections be held
simultaneously on a single day across the country. Remember, simultaneous polls
had been a feature till 1967 but after that Assembly and Parliamentary poll
cycles became unsynchronised. In 1975 the BJP demanded the single-member EC be
replaced by a multi-member body and said members should be judges and not
former bureaucrats of Secretary rank.
As the BJP Government works towards
making a change in how CEC and ECs are chosen amidst apprehensions, these old
Jana Sangh documents reflect how the Party’s views on elections and electoral
reforms have evolved.
Importantly, the right to hold free
and fair elections is fundamental to democracy with the Constitution empowering
the EC with absolute powers under Article 324. Which states: “The
superintendence, direction and control of the preparation of electoral rolls
for and the conduct of all elections to Parliament and to Legislatures of every
State …. Shall be vested in the Election Commission”
Undoubtedly, CECs such
as T N Seshan, N Gopalaswamy, James Lyngdoh and MS Gill pushed forward the
frontiers of what the EC can do. Rigid enforcement of the model code of conduct
by ‘Bulldog’ T N Seshan made Governments and netas afraid of the Commission. This helped in ensuring fair
elections. Gopalaswamy streamlined the system and Lyngdoh ensured that even in
Jammu & Kashmir elections were honestly held after a long history of
rigging.
Till date the EC has steadily,
without fuss taken steps to deepen democracy. Even if changes in the new Bill
sail through Parliament, which they will given the BJP’s majority, but at the
same time for future polls, the EC should be more alert, closely monitor
field-level decisions and deal with complaints against its officials with a
greater sense of urgency.
Ensure that it doesn’t
give any Party or candidate opportunity to accuse it of playing favourites as
till date it has been lauded for the remarkable way it has conducted polls,
that too without many complaints of rigging or other poll irregularities
barring violations of the moral conduct which are rising election after
election. Kudos to it for its catchy advertisements resulting in increased
voter turn-out.
At the end of the day,
it matters little who wins the elections, as we the people are the ultimate
losers. As the system, Government, politicians and politics, everything is
gamed to deprive the aam janata of a
better life. Our Parties need to realize
that were it not for our Constitutional institutions like EC holding steadfast
the country could descent into mayhem and anarchy. Time to pay heed and take
correct and courageous decisions. After all, free and fair elections are the essence
of democracy. What gives? ----- INFA
(Copyright, India News
& Feature Alliance)
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