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ELECTION COMMISSION Policing the PollsThanks to frequent elections and increasing political fragmentation the Election Commission has emerged as the unquestionable authority over pre-election conduct of parties and government. By Rohit Saran Dictator by default or watchdog by design. Depending on your political leaning you would describe the Election Commission (EC) as either of the two. What no one would dispute, however, is that the commission's dictates and directives have animated the rather inanimated 13th Lok Sabha elections. From the tirade against the New Telecom Policy to the banning of advertising on electronic media. From disapproval of electoral discussions on Kargil to restrictions on campaign timing, the commission is ever ready to set new precedents in its drive for a fair election. "The commission has to be firm because regional, religious and caste issues have become far more complex and pronounced than ever before," says Chief Election Commissioner Mohinder Singh Gill.
As he emerges out of the long shadow of his predecessor T.N. Seshan, Gill has introduced a number of new interpretations of the model code of conduct. At the receiving end of much of the EC's dictates have been parties in the ruling coalition who have had to govern in consonance with the commission's model code of conduct for over two months now. To be sure, the code of conduct has to be stricter with the political parties in power since there is a danger of misuse of official power by such parties. But not all of EC's recent actions can be justified on this basis. For instance, the commission warned Defence Minister George Fernandes on the screening of an official documentary on the Kargil war even though the film in question was made by the Information and Broadcasting Ministry and Fernandes had no role in its making or telecast. Says a dismayed Samata Party General Secretary Jaya Jaitley: "The EC is short of genuine powers. It tries to overcome that by making its bark worse that its bite." The engagement of Congress spokesperson and lawyer Kapil Sibal in a recent case against the Uttar Pradesh Government also raised the hackles of the BJP and its allies. Gill avers that nothing but merit was behind the EC's decision and to prove that he is even ready to engage BJP spokesperson and lawyer Arun Jaitley for a case. "You should not judge our objectivity and independence by such small factors," he says.
The commission's baiters also blame it for being impractical on issues like campaigning on electronic media, especially so since no such bar exists on advertisement in the print media. Arun Jaitley terms the ban unconstitutional. "The commission should regulate the total expenditure, not the medium of spending. If a candidate campaigns on local cable television instead of drum-beating at voters' doorstep what is wrong with it?" he asks. Unlike previous years when parties across the political spectrum used to be up in arms against the code of conduct, opposition parties have largely spoken in favour of the code this year. "We have had no problems with the code of conduct," claims Congress spokesman Pranab Mukherjee. Adds the CPI(M)'s Sitaram Yechuri: "Only those willing to use executive powers for political interest would find fault with the code." The source of the EC's seemingly omnipotent strength is Article 324 of the Constitution which says: "The conduct of all elections to Parliament and to the Legislature of every state ...under this Constitution shall be vested in a Commission." Though the constitution does not specify the code of conduct, according to experts that does not detract from the legality of the current code of conduct. Says constitution expert Fali Nariman: "The fact that the code of conduct is not a parliamentary law does not diminish its legal enforceability." Yet as Gill admits the real strength of the code lies in its voluntary acceptance by all political parties -- at least in principle. In fact, beyond the strong and assertive exterior of the commission lurks a fear that if the legality of the code is ever put to test in a court of law, the ruling may not be in the EC's favour. Admits Gill: "Even a temporary court ruling can severely damage the sanctity of the code of conduct." But both Gill's and the commission's safest bet is the widespread antipathy for political parties which makes people welcome even the excesses of the commission. Says Mukherjee: "The tarnishing of political parties in public eyes has made the commission a hero among the people." As a policeman of political parties, the EC's powers have also swelled with the frequency of elections. As Seshan points out: "If parties find the EC's dictates an infliction, it's a self-imposed infliction. After all they are responsible for frequent elections."
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