The tough image cultivated through action has worn thin owing to a timid Election Commission.
By Vineet Narain
Hyderabad: The functioning of the Election Commission of India during the past eight years has elicited severe criticism from opposition parties as well as citizens who believe in a healthy democracy. By summoning the appointment file of the recently appointed Election Commissioner Arun Goyal, the Supreme Court has created an uncomfortable situation for the union Government. However, this gesture of the Constitutional Bench has sent a positive signal across the country. Commenting on the controversial functioning of the ECI, the Supreme Court reminded them of TN Seshan, who was the CEC from 1990-96. The court observed, “Country needs TN Seshan”.
On the summoning of Goyal’s appointment files, the government’s position appears to be that the Supreme Court cannot interfere in the functioning of the Executive. This is not the correct position. Let me remind readers that during his tenure as CEC, even Seshan was reprimanded by the SC for some of his offensive public speeches against politicians. Though his ego was hurt, his lawyers convinced him that in a democracy all institutions work on a check and balance principle. If any pillar of democracy becomes irresponsible, autocratic or steps out of line, then the edifice of democracy will be weakened.
This incident should remind the Executive that it is not immune to checks from other institutions, ie, Legislature, Judiciary or Media. The SC acted on the basis of certain facts presented before it and it is now incumbent on the government to cooperate.
EC Selection
The Constitutional Bench of the Supreme Court made its observations while hearing a bunch of PILs demanding transparency in the appointment of Election Commissioners. These petitions, pending since 2018, made the prayer that EC appointments should be done on the lines of the collegium system. During the argument, Justice KM Joseph commented that “since CJI is involved in the appointment of CBI Director, where is the threat to democracy and judgments given by courts, which has been accepted by the Executive.” He referred to the ‘Vineet Narain judgment’ of 1997.
There is merit in the selection of Election Commissioners by a committee comprising CJI, PM and LoP. The demand is rational because the Election Commission is not an appendix of the Central government but a constitutional body, which deals with all political parties. If these appointments are made only by the Centre, then it is obvious that the government will prefer to appoint such persons who have a leaning towards the ruling party.
Although Seshan was also appointed by the prevailing system, he took office at a time when the country was ruled by the minority government led by Chandrashekhar. Hence, Seshan had the liberty to take bold steps, which may not have been possible for an appointee of a more powerful government.
It’s a known fact that prior to Seshan, the common man had little clue about the powers vested in the Election Commission of India. Seshan seized the day and the radical measures he effected took the image of the commission to phenomenal heights.
Booth capturing and electoral violence had become very frequent in the 90s. Suddenly, the country witnessed an upsurge of goons, criminals and the mafia in politics, creating anxiety in the minds of the people. It was to change this atmosphere and build confidence in the system that Seshan decided to reform the electoral process.
Radical Reforms
Seshan floated the ‘Desabhakta Trust’ as a ‘research-cum-action’ group. Media barons, activists, intellectuals, senior bureaucrats and industrialists participated in discussions on electoral reforms. Seshan and I used to frequently travel across the country to address public meetings and professional groups to create awareness about reforms. These marathon efforts paid rich dividends. The Election Commission gained the image of being run by a tough taskmaster.
Seshan’s strict guidelines triggered significant unrest among the political parties leading to some pressure on the Prime Minister. This was reflected in a surprise decision of Prime Minister Narasimha Rao. While the Seshan couple was on a vacation to the US, two new Election Commissioners were added to the Election Commission, thus making it a three-member commission instead of a single member. Seshan phoned me from the US and said, “Narasimha Rao has cheated me, I am very hurt. How will I take radical decisions now? You think about it, we are returning next week.”
After taking up the Jain Hawala crusade in July 1993, I was also striving to bring transparency to the nation’s polity and that led to us joining hands in 1994. On his return, I advised him to convert the mass popularity of his efforts to bring electoral reforms, to create a broad base of supporters in the country. I told him, “Let’s establish a ‘People’s Election Commission’ in every town and State.” Public figures of each area with no connection to any political party were to be made members of these commissions. Their job was to keep a vigilant eye on every election in their areas and ensure transparency and morality in public life. Seshan lapped up this idea. Together, we made detailed guidelines for establishing such commissions and distributed thousands of printed flyers throughout the country so that people could voluntarily set up People’s Election Commissions in their areas.
As a result, several such commissions started coming up. I also suggested that he quit his job as he was uncomfortable with his two new colleagues and declare himself as People’s Chief Election Commissioner of India. This move would inspire a people’s movement for electoral reforms. But Seshan wasn’t willing. As a result, we could achieve only limited success in our mission.
Nevertheless, his efforts gave a new image to the Election Commission and took it to new heights, which also set standards for future Election Commissioners. Today, that image has worn thin. Repeated acts of the commission in recent years have raised several doubts in the minds of people about its independence. That is why, even after 26 years, TN Seshan continues to have huge relevance.