Leave the Election Commission alone; it has done a fine job | Girish Nikam

Published on 04-02-2008 In National

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Leave the Election Commission alone; it has done a fine job

Election Commission of India is an institution, which we as citizens can be very proud of, especially with it's functioning in the last decade and a half. Though one may have had many issues with T.N.Seshan, who after a quiet tenure in the bureaucracy for decades, suddenly developed fangs after being appointed the Chief Election Commissioner, he did manage to bring the Commission out of the passive syndrome it had developed. He used all the powers given to him by the Constitution, and sometimes more, and put the fear of god among the politicians.

It was a controversial tenure alright with a few excesses, but he managed to assert the independence of the Commission, like none of his predecessors had ever done. Ever since though all his followers have not happily followed in his bluff and bluster manner, they have all upheld the sanctity and independence of the Commission and carried the task forward. In fact in the recent years the steps to taken to ensure free and fair elections have been commendable.

In every elections however, ever since Seshan took over, some political party or the other has raised apprehensions about the role of the Commission. We had seen some years back, when Laloo Yadav and Sharad Yadav fought against each other for the Lok Sabha elections, Sharad had raised a hue and cry, and continued to do so even after polling, about the Commission's bias in favour of Laloo. When the results came, he had in fact defeated Laloo Yadav, and he had to eat humble pie.

Similarly everyone remembers in the Gujarat elections of 2002, after Godhra and its aftermath, Chief Minister Narendra Modi had got after the Chief Election Commissioner, J.M.Lyngdoh, like no one had before. His innuendos about "James Michael" Lyngdoh being a Christian and therefore suggesting not so subtly that he would be favourable to Congress headed by a Christian, Sonia Gandhi, was the depth to which any politician could go. Yet after all that campaign of hate and slander he generated, Lyngdoh had gone about his job in the most professional manner, and ensured a fair election, which Modi won very comfortably.

While many political parties, have at one time or other raised the bogey of a biased Commission, none have been able to prove anything. BJP however has been the biggest culprits, periodically taking on the Commission rather Commissioners. By raising the bogey of bias on political and ridiculously on religious grounds, the party has sought to undermine the Constitutional body, without bothering about the consequences.

They have re-launched a campaign now against one of the Election Commissioners, Navin Chawla, apprehending his fairness and his close proximity with the Congress party leadership.

Ever since Chawla took over about two years back, there have been several elections to the State Assemblies, including in Gujarat and Himachal Pradesh recently. Can the party find any fault in the functioning of the Commission, of which Chawla is very much a part? Has he been found to have interfered in the decisions taken by the other two Commissioners thereby causing any damage to the BJP or benefit to the Congress party? Unless the BJP comes out with specific charges instead of just making irresponsible insinuations, it need not be taken seriously.

If the pique of the BJP is that Chawla was appointed by the Congress-led UPA Government, and therefore automatically should be suspected of keeping the interest of the party above his constitutional duties, the same is applicable for the BJP appointees.

Or are BJP appointees above board always and others' are not? The present Chief Election Commissioner, N.Gopalaswami was very much a BJP appointee, and what was more interesting, the Home Secretary under L.K.Advani before his appointment. Did it not raise suspicions then? Of course it did. But neither the Congress nor the left parties nor the other opposition parties make a song and dance about it, apprehending bias.

In fact whatever apprehensions were kept completely private and he was allowed to function without the bogeys of partisanship surrounding him.

As we have seen from the time of Seshan, inevitably even those who may have had political inclinations towards one party or the other before they occupy the posts, have invariably risen above it, and performed their job as Constitutionally mandated. But BJP as a party has displayed very little sense of decorum while dealing with Constitutional authorities.

In the case of Chawla it may be recalled that BJP's senior leader Jaswant Singh had approached the Supreme Court seeking the dismissal of Chawla, knowing fully well that the powers of appointment and dismissal of the Election Commissioners does not lie with the judiciary. He withdrew his petition, after Gopalaswami, the BJP-lead, NDA Government appointee, filed an affidavit before the Court saying he had had the powers to look into the charges against the Election Commissioners, and he also could recommend dismissal.

For the last one and half years, Gopalaswami has not been able to find reasons to recommend dismissal of Chawla. But that has not deterred the BJP to raise the issue again.

What is more unfortunate is the knee jerk reaction of the UPA Government's Law Minister, H.R.Bharadwaj. His statement that the Government will amend the Constitution to take the powers away from the Chief Election Commissioner, and to put all the three Commissioners on par, is uncalled for. As per the present provisions, the CEC can only be dismissed through a Parliamentary impeachment, like the Supreme Court Judges, while the President, on the recommendation of the CEC, can dismiss the two Election Commissioners.

It may be recalled that the Congress Government under P.V.Narasimha Rao had added two more Election Commissioners, when Seshan was going berserk, to keep him under check. Later all the Governments which succeeded, from United Front to NDA continued with a broad-based Commission, and no one thought of making the two Commissioners on par with the CEC.

Any proposal now to upgrade the two Election Commissioners would only lead to the confirmation of the suspicion that it is being done to protect Chawla. Under the present provisions in any case, the CEC can only recommend and such recommendation is not binding on the President. So there is already a cushion, if the present or future CECs try to misuse their powers.

On the other hand a debate is necessary as to why the two Election Commissioners, who otherwise enjoy all the powers and privileges of Supreme Court judges, are not treated on par when it comes to their removal, as the judges can only be impeached. This is a debate, which needs to be taken forward, instead of the rash reactions, which in any case is not a practicable idea as it would need a Constitutional amendment.

Having said that it is high time political parties and especially the BJP display political and constitutional etiquette while dealing with the Constitutional bodies.

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