The umpire cannot be silent (GS Paper 2, Polity-Constitutional Bodies)
Context:
- The article is about concerns raised by former Chief Election Commissioners about recent actions by tax agencies against opposition parties, which they fear could disrupt the fairness of elections.
- They emphasize the need for the Election Commission to intervene and ensure a level playing field by deferring such actions until after elections.
- The article also highlights historical instances of EC interventions and the importance of upholding the Model Code of Conduct to regulate political conduct during elections.
Impact on Free and Fair Elections:
- Former CECs, speaking both anonymously and on record, emphasized that actions by tax agencies, such as freezing accounts and issuing notices, could interfere with the conduct of free and fair elections.
- They suggested that the Election Commission (EC) should engage with these agencies to defer such actions until after elections to ensure a level playing field for all political parties.
Upholding Electoral Integrity:
- Former CECs stressed the importance of the EC’s role in safeguarding electoral integrity.
- They argued that disrupting the financial resources of opposition parties could hinder their ability to contest elections effectively.
- They called for the EC to play a persuasive role in consulting with central agencies to postpone actions like raids and freezing of accounts until after elections to maintain fairness.
Historical Precedents and EC Interventions:
- The article mentions historical instances where the EC intervened to ensure fairness during elections.
- In 2019, the EC issued advisories to enforcement agencies to act impartially, and similar directives were issued in 2009.
- These interventions illustrate the EC’s commitment to maintaining a neutral and impartial electoral environment.
Role of Model Code of Conduct (MCC):
- The MCC plays a crucial role in regulating the conduct of political parties and governments during elections.
- The former CECs highlighted instances where the EC intervened to prevent violations of the MCC, such as prohibiting the announcement of financial grants or inductions into the Council of Ministers that could influence voter behavior.
Strengthening Electoral Processes:
- The response of political leaders, such as former Chief Minister Manohar Parrikar’s willingness to defer the induction of a minister based on the EC’s advice, reflects a commitment to upholding democratic principles.
- Such instances strengthen the delicate balance between constitutional rights and the ethical imperatives outlined by the MCC, ultimately enhancing the credibility of Indian elections on the global stage.
What are the reforms recommended by the Election Commission of India?
The Election Commission of India (ECI) has made several recommendations for electoral reforms over the years to improve the electoral process and ensure free and fair elections. Some of the major recommendations are:
- The Commission is of the view that the law should be amended to provide that a person cannot contest from more than one constituency at a time.
- Election commission endorsed the call for a lifetime ban in the apex court. It had argued that such a move would “champion the cause of decriminalization of politics”.
- The Commission proposes that where any general election is due on the expiration of the term of the House, advertisements of achievements of the governments, either Central or State, in any manner, should be prohibited for a period of six months prior to the date of expiry of the term of the House.
- The Election Commission proposes an amendment to provide the same protection and safeguard in the matter of removability of Election Commissioners from office as is available to the Chief Election Commissioner.
- The decisions relating to anti-defection matters should be rendered by the President or the Governor with the recommendation of the Election Commission.
- There should be the use of common electoral rolls at elections conducted by the Election Commission and the State Election Commissions.
- Election Commission proposes that making false declarations concerning elections be an offense.
- Rule-making authority under the Representation of the People Act, 1950, and Representation of the People Act, 1951, should be conferred on the Election Commission instead of the Central Government.
