Editorial: Poll panel under a cloud
The EC has displayed utter disregard for the independence of other equally important constitutional bodies
The hard-earned credibility of the Election Commission as an impartial and independent institution has come under serious threat in recent times. Its handling of the recent round of Assembly elections evoked criticism, with the opposition parties accusing it of being biased in favour of the Centre. A constitutional body that has built for itself an enviable reputation for impartiality, fairness and professionalism and a formidable public trust over the years came across as a pliable tool in the hands of the ruling dispensation. What is more alarming is its opaque style of functioning, particularly related to its decisions on the allegations of poll code violations by leaders of various parties. The latest plea of the poll panel in the Madras High Court to gag the media from reporting the oral observations of judges and its subsequent Special Leave Petition (SLP) in the Supreme Court against the Madras High Court’s “murder charges” remark show the level of intolerance to criticism that has come to define its functioning. By questioning the competence of high court judges and their observations, the EC has displayed utter disregard for the independence of other equally important constitutional bodies and refusal to take criticism in the right spirit. Earlier last month, the Madras High Court came down heavily on the EC for “not stopping political parties” from violating Covid-19 protocols during their campaign rallies and, in its oral observations, the court lamented that perhaps murder charges should be imposed on the poll panel for being “the only institution responsible for the situation that we are in today”.
The Commission wanted the High Court to issue a gag order to the media to refrain from reporting oral observations made during court proceedings since the remarks had caused it grave prejudice. The Supreme Court has rightly dismissed the arguments of the poll panel and ruled that the observations by judges while hearing cases are in the “larger public interest” and the media cannot be stopped from reporting them. Preserving the independence of the constitutional bodies is paramount for the success of democracy. The EC must do everything to retrieve and restore the institution’s hard-earned credibility. This is not the first time that the conduct of the poll watchdog has come under a cloud. During the 2019 Lok Sabha elections, there was a serious difference of opinion within the Commission when the then Election Commissioner Ashok Lavasa had opposed the clean chit given to Prime Minister Narendra Modi and former BJP president Amit Shah on charges of violating the model code of conduct. Soon after the elections, three members of the Lavasa family had come under the scanner of the Income Tax Department for alleged non-declaration of income and disproportionate assets.
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