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DC Debate: Constant attacks on the EC undermine our democratic foundations

These elections have been a watershed since India attained Independence

DC Debate: Fair or Unfair - Navin B Chawla and Aijaz Ilmi

Navin B. Chawla: Don’t harm a world-class institution

No, the constant attacks witnessed during the recently concluded polling for the 16th Lok Sabha have not undermined the prestige of the Election Commission of India. I believe that the ECI is held in great regard by the people of India, as an institution they have tremendous faith in.
Ever since the first general elections of 1951-52, the ECI has been built brick by brick by a number of Chief Election Commissioners in succession. Indeed, the Election Commission has stood the test of time. With each passing general election and state Assembly polls, the ECI has evolved and stood up to many different challenges.

It is not widely known that the Model Code of Conduct was actually formed after discussions between political parties themselves by sitting across the table in Kerala in the late 1960s. Since then the MCC has become the accepted norm, and it has also received the support of the courts. The reason it has survived is that there is no formal legislation. If complaints were entertained by the courts during the electoral process, there would be no early solutions because court proceedings take time. Verdicts would come only much after the elections are over. May I point out here that the world considers the MCC to be a unique instrument. It has been codified by the ECI, and it is in the interest of the political parties to abide by this code, both in letter and in spirit.

Please remember, the ECI tries to be a fair umpire in a game of political parties. It is not a political player by itself. And if it is accused of being partisan, then it is being unfairly undermined. After all, petitions are filed after the electoral process is over. So let these petitions be taken up by the higher judiciary of the country, but let us not harm the institution in the heat of electoral battles. Because if we do not stop harming our institutions, we will not be able to stand with our heads held high when we compare ourselves with other countries that also gained Independence from colonial rule at about the same time as we did, but where institutions are less robust.

This is why I view the recent attacks on the Election Commission with apprehension. My solution would be that if national and regional parties believe it necessary, they can always petition the Election Commission to convene a conference where the Model Code of Conduct can be discussed anew.

If some changes need to be made, particularly in view of the fact that campaigns are now also being conducted vigorously on the Internet, or there is any other issue such as the excessive use of money power or allegations of booth capturing, let these issues be discussed with an open mind, but in order to ensure that the Election Commission of India is strengthened and our democratic structure is further enhanced and fortified.

Navin B. Chawla is a former Chief Election Commissioner

DC Debate: Fair or Unfair - Navin B Chawla and Aijaz Ilmi

Aijaz Ilmi: The EC has not been neutral

In light of the all-pervading debasement of political discourse in the 2014 general elections, the Election Commission of India has faced a barrage of attacks from all political parties. Even a whiff of partisanship has raised the stench of allegations belittling the ECI.

These elections have been a watershed since India attained Independence. New age technology and the social media have tested and stretched the guidelines which are supposed to ensure free and fair elections. The UPA-2, already reeling under the onslaught by mainstream Opposition led by the Bharatiya Janata Party for decapitating autonomous institutions like the Central Vigilance Commission and the Central Bureau of Investigation, was always open to further attacks. The election debate that started off with aspiring India wailing for holistic development, structured growth and good governance soon yielded to becoming one of the most vituperative, venomous fulmination for most political parties opposed to the rise of the Narendra Modi-led NDA.

Across the political spectrum, initiated by cowardly remarks by Imran Masood till the last alleged hate speech delivered by Rahul Gandhi at Solan, this election has been marred by jousting, sabre-rattling and overtly communal remarks aimed at polarising the electorate. Severe as the task may be, the Election Commission is supposed to be absolutely neutral and non-partisan in dealing with a multitude of nefarious comments made by diverse leaders. After the Samajwadi Party’s Azam Khan was banned from campaigning, all parties should have gotten together to stop the public discourse from deteriorating further. Compliance with the various facets of the Representation of People Act is a prime task which will always be manipulated and tested by hate mongers and abusive leaders. The BJP’s Amit Shah duly apologised for his remarks and was let off by the EC, whereas others continued to mock, insult and attack the ECI.

Tested to its limits, the whiff of partisanship came when, for the first time in the history of Independent India, a candidate, Mr Modi, was denied permission to hold a public meeting in his own constituency while leaders of the Congress and SP were allowed to conduct road shows and public meetings in the very vicinity where Mr Modi’s rally was scheduled for May 8. Normally reticent, the BJP launched a multi-pronged media attack questioning the supposed impartiality of the district magistrate of Varanasi who was also the Returning Officer.

The credibility of the EC will be further tested on the Amethi electronic voting machines issue involving Congress vice-president.

The EC must engage with all the political stakeholders, including the new age social media, to preserve the democratic traditions of this nation. Hopefully this competitive polarising rhetoric will be stumped by Young India’s decisive vote for a stable NDA government led by Mr Modi.

Dr Aijaz Ilmi is a BJP leader

( Source : dc correspondent )
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