If elections in India have become freer and fairer over the past two decades, the credit largely should go to the Election Commission. Much to the discomfiture of political parties and governments, the EC has carried out its watchdog role without succumbing to the pulls and pressures of those in power. True, there have been complaints of over-zealousness and ineffectiveness, but within their limited mandate, successive Commissions have done a lot to detoxify the electoral system of the blatant influence of money and muscle power. In this context, the United Progressive Alliance government's reported move to “look into the aspects where executive instructions of the Election Commission of India [are] required to be given statutory shape” smacks of a devious if ingenious way to curtail the powers of the supervisory body. Although couched in language that suggests the EC's instructions would be given statutory force, the agenda note for the meeting of the Group of Ministers on corruption, as published by the Indian Express on Wednesday, seems to have been drafted with the intent of taking out of the EC's purview any and all violations of the Model Code of Conduct.
The model code is central to the EC's efforts to prevent misuse of official machinery by parties in power, and to check electoral offences, malpractices and corruption during elections. While there can and should be a debate on strengthening the code's enforceability, it is essential that the need for change be shared by the EC and by political parties and that actual changes be the product of consensus between all stakeholders. In effect, statutory shape for the model code would mean violations being tried in court; in turn, the EC's practice of using the code to restrain parties and candidates might be jeopardised. This is why the EC itself, which once favoured making the code statutory, has a more guarded position today. Even now, the EC pursues major violations by having cases filed by the police and tried in court. But the code's true power springs from the EC's active, interventionist role in real time during electioneering and polling, and not from successful prosecution in cases of violation. Taking cases to their logical end is a necessary legal process, but this cannot serve as a deterrent to political parties and candidates intent on winning an election at any cost. Courts take years to decide, and often their rulings come well after the term of the legislature is over. For parties and candidates, there is then no real risk in a long-drawn legal battle. What they do fear, however, is the EC's hawk eye and its ability to deploy moral suasion. The model code may not be perfect but it certainly ain't broke. There is no need for the UPA to try and fix it.
Keywords: Election Commission, Chief Election Commissioners, model code of conduct, election campaigns
Election commission of India has done a commendable job in controlling the rampant crime, corruption, malpractices, booth rigging and booth capturing in Indian electoral system. As opposed to earlier polls, almost free and fair elections are now held both in State assemblies and Lok Sabha. The election commission changed the rule of conducting polls in a single day and now elections are held in phases depending upon the socio-political and economical conditions of States leading to deployment of huge number of forces at sensitive and hypersensitive polling stations and crushing down the booth looters to a large degree. The voter identity cards rules and later EVMs also contained the bogus polling. But this is not enough, the commission has yet to take a long step to hold elections 100 percent free and fair and check the tainted politicians entering into the electoral fray.
Election commission should be authority to debarring fierce candidate
and party. EC purify candidates before filling nomination form and
given final decision for election performing. So EC should be freed
from any government control. And people should be support to EC for
fair election.By this way augment confidence in our constitution and politics. So all political parties should unit together and bring
more reforms which can rein more power in hands of EC
Our politician can go to any extent to woo their voters.In this context,it is very important that EC should be given power of immediate cancellation of candidature of the leader in the concern constituency.Recently,we have seen that how One after another politicians are declaring muslim sub-quotas within OBC's quotas inspite of rebuke by EC. A separate court should be formed,constituting of retired election commisssioners and supreme court judges to handle cases where guilty can be punished within the time frame and it would serve an example for other leaders who are now challenging EC by repetitive violation of code of conduct. But, again a big question arises who would form the committee, ruling party or opposition party, god knows. Atleast they have lost all moral values and disipline in chase for power and would never dig a hole for themselves.But,a formation of fast court is the need of the hour, if EC wants to have fair and free elections.
At a time when political parties and candidates are coming up with new ideas like Paid news, anonymous money transfer as a bribe into voters' account seeking votes etc., this controversial move by the UPA Government to curtail powers of the independent Constitutional body undoubtedly undermines the democratic spirit and gives a free run to the party in power to manipulate the elections. The media and the opposition parties should resist such a move very strongly. The ECI has been doing extraordinary job exercising the limited power it is vested with in conducting elections in a free and fair manner and enforcing the Model Code of Conduct in its true spirit. Because of wide reach of the Press and Electronic Media, the concerned citizenry of the country is able to fathom the intent of the party and record its protest to strengthen the supervisory body.
It msut be said to the credit of the media that it exposed instantaneously the move of the govt. to curftail the pwoer of the EC. Well done, keep it up.
No wonder the Congress has so many lawyers in its ranks. Intent - to frame policies as straight as a "jilebi" or if any existing policy is straight , make it like a 'jilebi ". Thankyou THE HINDU for putting it straight to the UPA and the readers that "the UPA'S move smacks of a devious if ingenious way to curtail the powers of the supervisory body."
What are the other media outlets , specially TV stations doing in this regard ? Arent we witnessing the setting up of a fascist organisation in India under the Congress ?They prevented a strong Lokpal bill from being passed ;they take policy decisions that are "illegal, arbitary and unconstitutonal & against national interest " ;they want to curtail the existing powers of constitutional authorities like CEC ; they WANT TO put a control or tab or social networking sites ;now they are bestowing power on itself to investigate cases , arrest and seize individuals without nod from the State government; while their ministers go out defy & question the authority & powers of constitutional authorities like the CEC , CAG etc ?
Shame on corrupt ministers of UPA!How much audacious and daring these ministers have become who blatantly flout moral rules and then justify their heinous acts by lame responses.The term 'moral ethics' has gone into dead-lexicons for these minister and winning elections at any cost, by any means is the hour of need for them.So don't be surprised when someone hurls a shoe or slap these ministers.To some extent, they deserve this honor.
Efforts by UPA government to give statutory backing to model code of
conduct seems a surreptitious attempt to reign in powers of Election
Commission. The idea of enforcement powers to be given to courts
rather than EC, itself speaks of the dubious motives behind this
proposal. During an election process, real-time action against the
wrong-doers is of utmost importance; giving it to courts will not only
lengthen the process and but also will be a death-knell to the
efficacy of EC as ensurer of level-playing field in elections. The EC
has grown as a trustworthy institution in last 2 decades and is widely
respected and acknowledged by masses as the upholder of electoral
democratic process in the country. Any attempts to curb the powers of
EC would surely be a violation of the constitution and every govt
should be aware of this fact.
The day the model code is made imbecile, free and fair elctoral process and its logical end to a satisfatory culmination would drop dead. The UPA government's recent performance is more than a testimony to deter us to repose our trust on them in such matters. The GoM itself is rid of credible credentials to sit as judges in this matter. As you admonish rightly,mere court procedure cannot work as solution in the election-related issues by dint of the delay involved. The interventionist role of the EC is akin to preventive measures and should be encouraged. Preservation of the independent status of the EC is 'sine qua non' to to help the ordinary to exercise their franchise with out fear and threat from the recalcitrant elements.
I am sorry to say this, but the current political class of the
country is hell bent on proving Churchill right when he said, "Power
will go to the hands of , rogues and freebooters. All Indian leaders
will be of low calibre and men of straw. They will have sweet
tongues and silly hearts. They will fight amongst themselves for
power and India will be lost in political squabbles". Unfortunately,
even the leaders in media have been bought. If not for the country,
for the sake of proving Churchill wrong the people of our country
should throw them out.
The bid of UPA to clip the wings of EC will strengthen the criminality and the mendacity most often observed in the electoral process. That half of the candidates face criminal charges in UP elections, turns spotlight on the decaying morality of the aspirants that the present political dispensation, barring the EC could hardly apply a break. How the wads of currencies in South and the bottles of liquor in Punjab were made use of to lure voters is fresh in our memory. The country has witnessed the glowering eyes of a few in the helm piercing on EC for what it had thwarted the bid to grease the palms of voters in innovative methods.The blame of rigour of emergency on EC was not new.When legislature and executive, the two pillars of demoncracy were found limping, judiciary rose to the occasion to adjudicate 2G deal with no fear or favour. The EC, which cracks whip on those who intend to deflate and ridicule the plebcite in India is yet another pillar.
This is a blatant case when the custodians of institutions of democracy use the very institutions to legalise their violation through acts and statutes. See how cleverly the politicians have separated themselves from the institutions and used it to their advantage.Compare this to when Anna Hazare and team ask them to pass stricter laws to curb corruption. At that point politicians become the insitution itself. I am sure there are several wise men in the media who are able to see through this farce. This point should be highlighted again and again. Forcing parliament to pass stricter laws is not to undermine the authority of the institution but to safeguard it from the selfish custodians.
The EC has proved to be an effective watch-dog to monitor the election process. It is surprising that the Congress wants to subvert this institution for petty political gains. Hopefully, the move will be resisted by the opposition parties and considering the minority status of the ruling party in Rajya Sabha, the proposal is most likely to be defeated on the floor of the house. In my view, the move only reflects the ruling party's desperation. One can guess that the elections in U.P. are not going as per their expectations. The high stakes involved in the UP elections and the fact that Rahul Gandhi's political future depends on the outcome of these elections is adding to their anxiety.
Fewer things that the UPA can do these days make my blood boil, but this one
makes the cut. Everybody knows UPA owns a Moral Compass that points south
Straight. Yes if your entire tenure is spent on defending your actions from one
corruption scandal to another, it is very easy to deduce how you would have won
the prior election or what your strategy is for the next one. Everyone who reads the
paper knows UPA's own Law Minister was just pulled up for egregiously violating this same Model Code of Conduct and the abrasiveness with which he dealt with the issue till the EC went to the President and the good media pointed out his folly. And now you have the audacity to tell this world there is something wrong with the EC's Model code of conduct.
Salutations to the hindu for raising its voice on the mischievous move of the UPA govtt to curtail the EC s jurisdiction on enforcment of the election code of conduct under the dubious intent of giving the code a statutory backing.When seshan enforced dscipline of electoral conducts that hurt the free for all till then by politicians the then Govtt felt the heat and converted it into teen murtthi bavan.Inspite of the ploiticisation by the commn then . The EC has over the years conducted itself in bipatisan ways enforcing electoral behaviours latest being the Law ministers lawlessness and another union minister's repeat offence on the quota for muslims.
There cannot be a free and fair election if the EC is conditioned or curtailed for his powers.Offences are to be checked as and when takes place during election and cannot be left for prolonged legal recourse.Any curtailment of EC's powers willonly be a return for the money and muscle power to take the election arena/v n ramachandra
A timely editorial in the 'Hindu' It is now clear that the Government, by giving statutory force to the Election Code, intends taking out of EC's purview all violations of the Model Code Conduct. This is open serious objection and all concerned parties should, unitedly, oppose the measure and nip it in the bud.
there are only three institutions in India that can be said of least
corrupted - ECI ,SC and the Armed forces. And the government can't even
take it. how shame is this for the UPA.
The credibility of UPA is fast going down. The only solace is others are no better.As they keep on opposing everything. Why trying to fix what is not broke? Particularly, at a time when the perception is that the breaker is a Minister or two of UPA. Are there not enough other problems that are crying to be fixed?
Election Commission should be freed from any government control and be
able to take any decision about debarring a tainted candidate or party
during election.Election Commission should be more powerful so that any
malpractice can be stopped without much difficulty so that every
election should be fair and that will build more confidence in our
constitution.So all political parties should unit together and bring
more reforms which can rein more power in hands of EC.
Please Email the Editor