Introduction
In an ongoing election, opposition parties alleged that Election Commission of India fails to conduct fair elections and they were asking for some reconsideration of the powers vested in EC. So to know about this issue we will first learn the detailed overview of Election Commission and then a detailed structure about powers and functioning and then about the current issues regarding EC.
Election Commission
The Election Commission is an independent and permanent body established by the constitution of India directly to ensure safe and fair elections in the country.
Article 324 of The Constitution of India provides that the power of superintendence, direction, and control of elections to parliament, state legislators, the office of President as well as Vice-President were vested in the EC.
The President of India appoints Chief Election Commissioner and other Commissioners of the EC.
Previously it was a single member body (ie. Chief Election Commissioner) but after 1989 it is functioning as multi-member body with 3 Election Commissioner.
POWERS
1) Administrative
2) Advisory
3) Quasi-Judicial
VISION
EC strives to be an Institution of Excellence by enhancing active engagement, participation and deepening and strengthing electoral democracy in India and World.
MISSION
EC maintains independence, integrity, and autonomy. Ensures accessibility, inclusiveness, and ethical participation of stakeholders, and, adopts highest standards of professionalism for delivering free, fair, and transparent elections to strengthen the trust in electoral democracy and governance.
Current Issues
United opposition said in a statement that EC failed to conduct fair elections and demands re-election at the various constituency. They demand that VVPAT should be matched for 100% of votes. Recently Former President appreciated EC for their smooth conduction of this years election.
He told that there should be reconsideration about the procedure through which Election Commissioners were appointed.
Now we should think of the matter that what is the motive behind this allegation? Why the sense of desperation increased after the Exit poll?
The very 1st principle of EC is that it is independent and transparent and because of these qualities it gains the trust of the public (voters). With ongoing allegation, Does it impact the image of EC on voters?
In the current election session, the Code of Conduct was used by EC. Several controversies were sparked due to the application of these laws and that resulted in a debating topic.
Is the Code of Conduct was levied unbiased?
The controversy sparked after PM Modi was issued a clean sheet and some opposition leaders were handed 48 Hrs ban on doing rallies or road show, and yes after the road show of Amit Shah in West Bengal two days before the voting day a clash between Amit Shah supporter and TMC workers were reported, after that both the parties alleging each other for the clash. EC imposes Article 324 for the very first time that cuts one day of campaigning in West Bengal.
You may think that under Article 19(1)(a), guarantee the right to freedom of speech and expression.
although it is clearly mentioned in Article 19(2)- reasonable restrictions can be imposed on the exercise of this right for certain purposes.
Model Code Of Conduct
Let us just take a quick view of MCC, Model Code of Conduct (MCC) is a simple set of guidelines issued by the EC to ensure safe and fair elections.
It comes into force from the date the EC announces the schedule of Elections till the declaration of results.
There are 8 provisions in MCC which EC deals with, It includes-
1) General Conduct - Political parties can criticise other party members based on policies and programmes and their work record. No caste, religion showoff. No Bribe and they cannot criticise on the basis of false report.
2) Meetings- Information of public meeting, rallies should be given to Police because of security arrangements.
3) Processions- Carrying or burning effigies of the opponents is not allowed.
4) Polling Day- Party representative should wear badge with party name and symbol.
5) Polling Booth- Apart from voters only EC officials were allowed inside the booths, a political party cannot campaign for votes within a distance of 100 meters.
6) Observers- Observers were appointed to observe the whole process.
7) Party in Power - Cannot advertise on public money.
8) Manifesto- Manifesto should be presented before voting.
Akshay Raut, Former Director General, ECI said during a debate show on RS TV that India has approx 91 crores voters, 10 Lakhs polling booth and 11 Million Polling Personnel, the EC ensures fair and safe elections,
Politising the Constitutional Bodies will destroy the basic element of democracy which is obeyed by The Constitution of India. EC should remain independent.
EC is lenient because they know that they are dealing with honorable person who were contesting for a seat in parliament but EC need to be more strict and they shown that attitude in this years election as they used Article 324 for the first time by cutting 24 hrs from campaigning day in West Bengal.
It is clearly seen that as the dates of counting votes coming nearby these type of allegation will increase and more desperation can be seen. but there is a room for improvement for the EC.
1) Relook procedure for appointment of Election Commissioner
2) More Independence & Transparency.
As people see them with trust and conclusion of a safe and fair election will give a strong message in the world that a fair election is conducting in the world largest democracy.
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