Election Omission
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