Rampaging and Uncivilised Politicians: By Product and/or Consequence of Spineless Election Commission

Dear Mr Sunil Arora,

In a nutshell powers conferred on Election Commission of India are “Superintendence, direction and control of elections to be vested in an Election Commission”.

Article 324 empowers the Chief Election Commissioner and other functionaries of Election Commission not only for conduct of free and fair elections but also keep a constant vigil on conduct of candidates in fray during campaigning. Election Commission deserves compliments for outstanding and exemplary manner in which the entire election process has been conducted by the staff of election commission throughout the length and breadth of the country.

The chief functionaries viz Chief Election Commissioner and his two colleagues did their bit, albeit reluctantly by banning few politicians from campaigning for few hours/days. Indeed they scored a ‘FIRST’ in West Bengal by preventing campaigning 24 hours earlier than scheduled due to violently chaotic conditions prevailing.

Indian constitution has provided unlimited powers to CEC and his two colleagues. In fact no restrictions of any kind have been imposed on them. They have unfettered powers to reign in an errant politician almost instantaneously. Even the apex court does not have such powers. All three of them, however, present a pitiable picture with respect to decision making in exercising their constitutional powers to restrain the errant politicians. India has never witnessed use of such foul language during election campaign.

Following powers have been conferred on CEC and his colleagues:-

• Election Commission is empowered to bar persons from contesting election if corruption and criminal charges have been ‘ADMITTED’ (not necessarily proved) in the court.
• In exercising such powers without fear and/or favour, goal of a vibrant democracy of eliminating criminals from contesting elections and decriminalization of politics can be achieved.
• Holding and conduct of fair and free elections is actually part of Human Rights enabling an ordinary citizen to elect a candidate of her/his choice.
• Instances of Apex Court over turning decision/s of Election Commission must not be construed as interference and/or challenging/admonishing/restricting the powers of Chief Election Commissioner and his two colleagues.

Since its inception Chief Election Commissioners have been more than satisfied by merely writing to the government at the centre for various additions and/or modifications to the existing rules with specific reference to powers of Chief Election Commissioner. It is a different matter that none of these have been agreed to by successive governments.

The moot point, however, is ‘do the Chief Election Commissioner and his two colleagues need more powers than those already vested in them?’ The answer is a clear and unambiguous ‘NO’. The problem manifests because of spineless conduct of Chief Election Commissioner in exercise of her/his powers as and when the situation arises. In fact a microscopic reading of Article 324 would highlight the fact that ‘NO RESTRICTIONS HAVE BEEN IMPOSED/EXPLICITLY MENTIONED’ allowing Election Commission virtually unbridled authority and power with respect to conduct of elections and controlling wayward politicians

A case in point is Election Commission’s decision to debar Bal Thackeray for SIX YEARS in 1999. The decision was not taken by the then Chief Election Commissioner  MS Gill. He was forced, rather coerced into action by the Apex Court. Election Commission is a constitutional body. Election Commissioners are invariably bureaucrats with ‘supposedly’ impeccable record of service. But most of them have proved to be spineless when it came to taking hard decisions and contain/control the rampaging politicians.

It was during the tenure of Mr TN Seshan that he as Chief election Commissioner exercised his powers to set things straight. The government of the day quickly realized the gravity of the situation and  amended the structure of Election Commission by appointing two more Election Commissioners. Chief Election Commissioner was thus constrained to implement a decision if the other Election Commissioners disagreed. Governance model thus changed to execution of decisions by majority i.e. at least two out of three Election Commissioners must agree with the proposal.

Politicians are on the rampage and flout every conceivable stipulation entirely because of spineless and cowardice behavior of CEC and his two colleagues. Let us look into specific instances of violation of norms, uncivilized behavior/language and utterances in public, open challenge to integrity of existing constitutional institutions viz Supreme Court and Election Commission and acts of debauchery viz rape etc committed by rampaging politicians during the recent Lok Sabha elections in April-May 2019.

• A ‘RAPIST’, candidate from Bahujan Samaj Party was at large during the entire election process against whom an FIR was registered and non-bailable warrant issued. But the ‘triumvirate’ in election commission were deaf, blind and mute spectators and did nothing. Election Commission was well within ambit of law, if they had decided to cancel his candidature and debar him from contesting. It is an irony that the candidate won the election. Incidentally his election can still be countermanded but only if the Election Commissioners have the moral courage. Let him go to the courts and challenge the decision of Election Commission. In the worst case scenario; even if the courts reverse election Commission decision, powerful message would still have been conveyed to politicians that they are not uncrowned kings.
• Yet another case involves a dynast politician named Rahul Gandhi, who must have called the Indian Prime Minister a liar and a thief hundreds of times during public meeting. Let me be candid; I am not ‘batting’ for Narendra Modi or any other politician. My concern is that a sitting Indian Prime Minister is being called ‘THIEF’ and a ‘LIAR’ in public, which is being transmitted all over the world as it actually happened. National image was the casualty. But the CEC and his two colleagues failed to straighten their spines and take action by debarring him from national politics for ‘life’. It can still be done.
• Chief Minister of West Bengal, Mamata Banerjee hit the ultimate ‘low’ in Indian politics by publicly denouncing the sitting PM of India, when she uttered the ultimate profanity by saying that ‘Modi is not my PM’. Her statement can be interpreted to imply that she believes that West Bengal is not a part of India and that she advocates separation from Indian nation. She went on to publicly question the ‘INTEGRITY’ of election Commission and Supreme Court of India. Yet the CEC and his two colleagues did not have the courage to debar Mamta Banerjee. An outstanding example of moral cowardice by CEC and his two colleagues!
• Utterances by Mayawati such as openly dividing the society by appealing to specific segments of the society based on caste/religion did not make any difference to the conscience of CEC and his two colleagues.

If all instances of filthy language used by politicians of all parties were to be recorded, it would require volumes. Above quoted instances involve heads of three political parties but the spineless CEC and his colleagues believed that such utterances were as pure as recitation from religious scriptures. Three of them thought that banning few ‘no-name’ politicians for few hours was more than enough to support their constitutional obligations. Even during the post emergency elections in 1977 such filthy language was not resorted to.

Indeed there was a silver lining but for a brief moment only. Mr Lavassa, one of the Election Commissioner went public with his note of dissent. I really admired his moral courage and thought that his next rational step would be to resign. But no, the ‘mercenary culture’ prevalent amongst our bureaucrats prevented him from doing so. It is a sad commentary that our constitutional appointments have not learnt the basic etiquettes of ‘agreeing to disagree gracefully and in private only’. Expression of note of dissent is an outstanding quality but going public is un-officer like conduct. Mr Lavassa is eminently unsuitable to continue as Election Commissioner.

Constitution has given them more than adequate powers to ensure that politicians rampaging behavior is kept under check. But they have failed the nation by not exercising their powers for national good. Instead they have resorted to acrimonious behavior and conduct in full public view by expressing dissent in public domain.

Tata Steel advertisement read “NOTE OF DISSENT;VOICE OF PROGRESS”. But the ‘dissent’ has to be expressed in a civilized manner by constitutional appointees and must remain within the four walls. Obviously the present election Commissioners did not learn such basics during their childhood and school days.

‘THREE MONKEYS’ of father of the nation Mahatma Gandhi ensured that they collectively heard, saw everything and spoke, if needed. But the three Election Commissioners are content with occupying constitutional posts at the expense of tax payer and see, hear and/or speak nothing that would annoy and/or straighten the rampaging politicians of our country. Perhaps they are still vying for a Rajya Sabha seat at the end of their tenure with Election Commission.

In India we crib about corruption and illiterate politicians. But if we have Constitutional Authority such as Election Commissioners behave in a spineless manner, nothing else can be expected to happen other than what is already happening. The ‘RAPIST’ MP from BSP will almost certainly sit in Lok Sabha sooner than later, the dynast politician will again appear on TV abusing the sitting PM of India, Mamata Banerjee will continue to promote politics of hate, Mayawati will resort to divisive politics based on caste/religion.

It would be pertinent to mention and stress the point that Apex Court has always supported the Election Commission decisions as it did in case of release of Modi Biopic as well as dismissing TMC MP Mukul Dev’s appeal summarily without delay.

Unless the CEC and his two colleagues adopt absolute and total ‘no-nonsense’ attitude towards errant politicians and ban them from campaigning and/or fighting elections summarily, ‘Azam Khans’ and ‘Giriraj Singhs’ will continue to make provocative and uncivilized statements. Let these uncivilized human beings go to court and seek justice.

In spite of what has been stated in this paper listing out specific instances of uncivilized utterances by Rahul Gandhi, Mamata Banerjee and Mayawati, if the CEC and his colleagues fail to take any substantive action, the three of them become accomplice to the crime. All three politicians must be banned for life, both from campaigning as well as fighting elections to any district/state/national body. But I do not see it happening.

Personal integrity of CEC has been publicly questioned by Mamata Banerjee. Any self respecting individual would not only challenge such accusations of personal nature but also ensure that the person making such statements is brought to book. The fact that you have failed to take any action perhaps implies that what Mamata Banerjee said was true. In that case you must resign from the constitutional post and go home. The three of you have the power to ban such persons but all of you have failed to exercise your legitimate authority when and where it mattered most. There can be no better example of collective and individual incompetence. But none of the three will resign and stop living off tax payers money. The nation spends at least FIVE MILLION RUPEES on each Election Commissioner (Rs THREE MILLION AS SALARY and at least Rs TWO MILLION WORTH OF PERKS and PRIVILEGES). The three of them together are near perfect example of moral cowardice and spineless decision making, both individually and collectively, occupying the topmost and most powerful post.

God save India, not from Indian politicians, but from such incompetent constitutional appointments!

There is still time to prove your worth. Bal Thackeray was banned in 1999, 12 years after he made the statement during a public rally in 1987.

Gp Capt TP Srivastava

14^th June, 2019