EC: The cog that turns the democratic wheel on!

Ritam Banati The choice is largely between the devil and the deep sea. Should I vote for a vulture or an eagle? It is as simple as that. This is an oft-spoken remark. However, the core issue has not been identified yet. In the sense, that is the Indian voter beset with limitations while making his choice in the electoral arena? Is the election system incomplete as the wrong candidates don’t get filtered out? Or is it that since candidates come from among us, something must be "seriously wrong with the character of Indians", as pointed out once by a famous ex-Chief Election Commissioner T.N. Seshan at a seminar. The Supreme Court had ruled in 2002 that the power to vote brings with it the right to know candidates’ antecedents. Well, it can be left unsaid that we do know the same in an open society. Yet why is it that "criminals" are still entering politics? One can lament about uneducated rural lot’s ignorance, but what about the urban vote? Seshan was not liked by most politicians. It was because he tried to set certain norms in the working of his office. Under him, the Election Commission did not get teeth. But it learnt how to use it when needed. For instance, at the time the Gujarat Assembly was dissolved by the then ruling BJP, the state government ordered polls. There was a clash here between the EC and the government, as Seshan asserted that it was only within the ambit of the Commission to decide when polls should be held. In an interview, he commented, "The Governor shall issue the notification on the date notified by the Election Commission. Nothing else.” Seshan said this in the context of Article 174 and Article 324. Under Article 174 the Governor must ensure that the time gap between the last sitting of the Assembly and the new session must not exceed six months. Article 324 stipulates that announcement of the date of elections has to be in tune with what the Election Commission deems fit to be an atmosphere conducive for the conduct of fair polls in the country. What happens in case of a clash? The Election Commission, under Article 329, has full freedom of operation in electoral matters as court intrusion is barred under that. Therefore, if one goes by this article then the Constitution has indeed given 100% powers to EC vis-à-vis the election schedule. It was mainly due to the efforts of the Election Commission that by and large peaceful polls were held in the restive state of Jammu & Kashmir. The EC has over time evolved as an institution as was evident recently when a reply was sought from BJP politician Varun Gandhi for his allegedly communal remarks. But only if a person is convicted for over two years can he be stopped from contesting polls by the EC. Though the apolitical organisation can monitor political activities during poll time, yet after the election is over, there is little it can do except being used like a rope by opposing candidates. These are the confines within which the EC operates. There are other matters which fall under the ambit of the Indian judiciary. It is not that the Election Commission or the judiciary for that matter alone can bring about a marked change in either the election system or the political system. The EC’s activities are a starting point, as “well begun is half done”. The media’s functions are important as it is the “Fourth Estate”. And of course the judiciary’s, being the apex court of justice delivery. Also, the role played by the Indian opposition is equally significant. A constructive role by it will facilitate rooting out corruption. In the end, the need is to preserve the democratic credentials of the world’s largest democracy by also accelerating the cog that turns the election wheel on.