Manas Dasgupta
NEW DELHI, Dec 17: Impartiality and independence of the Election Commission of India have been questioned by the opposition leaders in the country following media revelations that the prime minister Narendra Modi’s office had summoned the election commissioners’ to join an online “interaction” on common electoral rolls.
Though the chief election commissioner Sushil Chandra and the two election commissioners Rajiv Kumar and Anup Chandra Pandey had expressed reservations about the summoning but the CEC subordinates were present raising questions about the authority of the ECI which was expected to function independently of the government to ensure impartiality. The CEC and the ECs did join “informal interactions” with Mishra soon afterwards.
The interaction took place a day after the EC received an unusually worded letter from an official of the Law Ministry – the administrative Ministry of the poll panel – that Principal Secretary to PM P K Mishra will “chair a meeting” on a common electoral roll and “expects CEC” to be present.
Such wording, an official said, caused a flutter since it read like a “summons” that breached precedent and Constitutional norms. While he and the other two Commissioners stayed away from the video meeting — in which their subordinates were present – as per precedent, the three did join an “informal interaction” with Mishra immediately after.
At least three former Chief Election Commissioners (CECs) said the government’s letter expecting the incumbent poll panel chief to attend a meeting was “unacceptable” and the subsequent informal discussion between the full Commission and the principal secretary to the PM could “erode” the EC’s image of independence.
Describing the development as “atrocious”, former CEC SY Quraishi said, “This is unacceptable with any explanation. Would the government call the Chief Justice of India along with all other Supreme Court judges for a discussion on judicial reforms? That’s the only analogy that applies in this case. So why call the (Election) Commission for a meeting? Even the Prime Minister cannot call the CEC for a meeting.”
Another former EC Chief said the interaction was “100% avoidable”. “Attempts (to get the full Commission to attend government meetings) have been made in the past too. But we never went for these. It should not have happened,” the former head said.
A third former CEC said the optics of an interaction with the government so close to the announcement of elections to five states do not look good for the Commission. Uttar Pradesh, Uttarakhand, Goa, Punjab and Manipur are set to go to polls early next year. “Frankly no one comes off looking good after such a meeting. Neither the government nor the EC. While they may have discussed reforms, the point is that we have certain established norms and protocols. And these norms and practices are there in place because they serve a purpose. The neutrality and independence of the Commission and even the perception of independence have to be preserved. In my experience as CEC, it’s possible to get your proposals through without causing any erosion of your perceived independence.”
The opposition leaders attacked the Modi government over the media reports over summons to the election officers raising the issue of “autonomy of institutions being compromised” and questioned the impartiality of the election authorities. The leader of the opposition in the Rajya Sabha Mallikarjun Kharge raised questions about the impartiality of the coming elections. “They (the PMO) can’t say like that. The EC is supposed to be independent… not supposed to be, it is an independent body… How can they call the EC? Then how can we expect that the elections will be impartial? Elections are coming in five states… And how can we expect that we will get justice in all the forthcoming elections?” the Congress leader said.
The CPM Rajya Sabha MP John Brittas said the media report was “very relevant” and “an eyeopener” on how this government was “tampering” with independent institutions like the EC. “Written letters have been sent to the EC to be part of the deliberations of the PMO. This is unheard of in the history of India. Earlier also we came across instances where the independence of the EC was compromised and the government tampered with the EC. It is very clear that this government is bent upon crippling all institutions in this country, especially the EC, which has overriding impact on elections and democratic system of this country.”
CPM leader Sitaram Yechury called what had happened “atrocious”. “How can the PMO summon an independent Constitutional authority? One mandated to conduct free and fair elections? Worse how could the EC be so servile & attend? ? over ECs neutrality & fairness,” he tweeted.
DMK leader Tiruchi Siva said: “We have been insisting for long that constitutional authorities, independent autonomous bodies, should never yield to the government’s pressure… They must be above suspicion. That is the reason why they have been given all these powers. This government, after coming to power, is using all these institutions for their whims and fancies… What all is going to happen in the future is a big question before us. Things that are developing, the way Bills are being passed… which later become instruments in their hands to sabotage the Opposition voice… are not a good sign.”
Kharge said: “This government is destroying the independence of every institution. They have destroyed the CBI, the CVC… In the Home Ministry, the ED… Such things don’t happen in any other country.”
The Congress MP also pointed out that as per protocol, officers can go to the EC if they want opinion on some issue, but not the other way round. “Many times, we have also gone. We have explained about EVMs or problems in elections. You cannot degrade an institution.”
Trinamool Congress Rajya Sabha MP Jawhar Sircar said the PMO has no right to call the CEC, who has no business attending any such meeting involving the office of the Prime Minister. “PMO has no right to call Chief Election Commissioner & he has no business to go to PMO meeting. Please maintain propriety – don’t destroy the immunity that the Constitution has given CEC,” Sircar tweeted. RJD leader Manoj Jha tweeted that while the report was shocking, it “doesn’t surprise anymore.”
AIMIM chief Asaduddin Owaisi tweeted that as an independent institution, the Election Commission of India was not answerable to the government. He termed the entire episode as “patently improper. Election Commissioners hold constitutional posts. ECI is an independent institution that’s not answerable to the govt, least of all to babus in PMO. It’s patently improper that babus in PMO are “summoning” CEC & ECs, and the latter are complying,” Owaisi posted on Twitter.
TMC spokesperson Saket Gokhale said the PMO’s letter to the EC was “shocking beyond words. With elections coming up in 7 states this year, how was the Election Commission (an independent institution) “summoned” by the PMO? Election Commission is meant to be an institution independent of govt. Meetings pertaining to elections are attended by officials & NOT the CEC or 2 Election Commissioners. What was the PMO “warning” the EC about with this “summons”? And importantly – why did the CEC attend?” Gokhale said in a series of tweets.
The very move by the government to send a note to the CEC was objectionable to many political leaders. It was pointed out that the Election Commission was a Constitutional authority whose functioning was insulated from the Executive and the three Commissioners ensure that they maintain a distance from the government —and are seen to be doing so — for this reason.
Some former CECs have, on rare occasions, written to the Prime Minister in the past but never in the reverse direction.
In 1999, CEC MS Gill wrote to then Prime Minister Atal Bihari Vajpayee, proposing electoral reforms including a unified electoral roll. In 2016, CEC Naseem Zaidi wrote to Prime Minister Narendra Modi seeking urgent release of funds to buy VVPAT machines. “In both these cases, it was the CEC flagging an issue to the Executive on their terms, on a subject of their choice. In this case, it is the Government effectively summoning the CEC to attend a meeting called by the PMO. This is very unusual,” said an official.
Indeed, the three ECs don’t attend meetings or discussions called by officers of the government to maintain the image of independence in the public eye. In fact, government officers call on the three ECs, not the other way round. Apart from protecting the Commission’s image of independence, the latter is also a matter of protocol.
It’s for this reason, sources say, that the tone of the letter written by the Law Ministry to the Election Commission on November 15 raises questions. The letter states that the Principal Secretary to PM “expects” the Chief Election Commissioner to be present during a discussion. “An officer of the government, no matter how senior, cannot call the CEC for a discussion,” said a former officer of the Commission.
The CEC is learned to have conveyed his displeasure at the wording of the Law Ministry letter and stayed away from the video meeting —in which his subordinates were present. However, what still raises questions of propriety is that, subsequently, the three Commissioners agreed to join the interaction with Mishra.
The independence of the Commission from the executive has been reiterated by the top court. In 1995, the Supreme Court, in its judgment in the TN Seshan v Union of India and Ors, observed that: “It is inherent in a democratic set up that the agency which is entrusted the task of holding elections to the legislatures should be fully insulated from the party in power or executive of the day. This objective is achieved by the setting up of an Election Commission, a permanent body, under Article 324 (1) of the Constitution.”
Significantly, the latest development comes when the Commission has, over the last five years, come in for criticism, especially from political parties that questioned the watchdog’s independence. In 2017, the EC, then under Chief Election Commissioner Achal Kumar Joti, was criticised for delaying the announcement of the Gujarat election schedule. On October 12, 2017, the Commission had announced assembly elections in Himachal Pradesh to be held on November 9, but did not declare poll dates for Gujarat even though poll schedules of states going to the polls within a few months of each other are announced at the same time as per EC’s convention. The Opposition had said this delay had given the ruling BJP in Gujarat more time to make announcements about government largesse.
During the 2019 Lok Sabha elections, the EC, under Chief Election Commissioner Sunil Arora, was divided in its response to complaints alleging poll code violations, including those related to speeches by the incumbent Prime Minister Narendra Modi and then BJP president Amit Shah. At that time, Election Commissioner Ashok Lavasa had opposed the all-clear given to them on at least five occasions.
This year, the EC again came in for criticism over the delay in banning election campaign for West Bengal Assembly elections amid the fierce second Covid surge. The Trinamool Congress and the Congress filed petitions with the EC urging it to end campaigning and reschedule the remaining election dates in West Bengal in the wake of the Covid surge.
But, ironically, its ban on roadshows, vehicle rallies, and public meetings of over 500 people in West Bengal only came as late as April 22 and an hour after Prime Minister Narendra Modi cancelled his four rallies scheduled there the next day.