How The Election Commission Can Pull India Out Of Caste-Based
Elections
(Swarajya Magazine Sep 17)
Major General
Mrinal Suman
Undoubtedly, the politicians are the fountainhead of all
fissiparous tendencies. They flourish by keeping the electorate embroiled in
internal dissentions based on region, religion, caste and language
considerations. Election time is parochialism time in India. Overriding
importance is assigned to the caste, creed, communal and regional factors. Most
obnoxiously, caste-politics are played out unabashedly under the disingenuous
taxonomy of ‘social engineering’.
All newspapers carry articles highlighting caste-wise
configuration of every constituency to make their predictions. Here is a reprehensibly
appalling news item that appeared in a leading daily during Bihar elections. It
is symptomatic of the rot that afflicts the media, “In Arrah and Vaishali districts,
saffron candidates seem to be drawning support from EBCs and Dalits. This can
help them build upon the solid backing they are getting from upper caste
Vaishyas, Paswans and Musahars.”
The role played by the electronic media is far worse. Focus of
every panel discussion is on the caste percentages and likely equations. It is
sickening to hear anchors and panellists making divisive statements like – “All
Yadavs will vote for Party A”; “Muslims will not vote for Party B”; “All Dalits
are with Party C”; “”Kurmis will vote for Party D”; “Brahmins will remain loyal
to Party E”; “Mahadalits are with Party F”; “Banias continue to support Party
G”; and so on. Pray who will vote as an Indian?
Opinion polls and surveys are also carried out on similar lines.
The questions are loaded with parochialism – “Will the Muslims vote got divided”
or “Are mahadalits angry with Party X” or “Are Yadavs still with Party Y”?
Thereafter, the findings are collated caste-wise, translated into vote-shares
and analysed at length, thereby inciting partisan emotions. Reprehensible
indeed!
For most TV channels, hosting of panel discussion during the
prime-time is the most cost-effective option. They call a few aggressive
spokespersons and initiate a free-for-all slanging match by throwing in an
emotive issue. What can arouse passions more viciously than caste/religion/language?
Every party plays the caste card shamelessly and yet has the temerity to paint
others as communal.
In a mature democracy, basis of electoral surveys should be
economic progress, national security, developmental matters, employment
opportunities, educational facilities, health services and such other concerns.
Sadly, all issues that impact the well-being of the nation are ignored; only
caste and communal loyalties matter.
If after 70 years of Independence we are sinking deeper into the
morass of parochialism, elections are the root cause of the malady. Media acts
a catalyst to spread the virus. Resultantly, the whole environment gets so
vitiated that caste equations rule supreme with five highly devastating effects
on the body-politic and unity of the country.
One, instead of making the voters rise above narrow parochial
mindsets, they are repeatedly reminded of their caste and exhorted to stay
faithful to it. Two, the electorate is brainwashed not to seek accountability
from their caste leaders. Three, assured of continuous support of their
caste-based vote-banks, most politicians have converted their parties into
family enterprises.
Four, stranglehold of caste-politics is so all-pervading that
even the parties that want to break free are forced to look for winning
candidates as per the caste mathematics of each constituency. Finally and most
unfortunately, merit, competence and honesty of the candidates have ceased to
be any consideration. Only the caste matters. Resultantly, the country is
saddled with leaders of questionable character and quality.
The Current Dispensation
The Election Commission of India has been tasked under Art 324
of the Constitution to ensure free and fair
elections. It has been vested with the responsibility for the
‘superintendence, direction and control of elections’. The Commission has done
India proud by introducing many radical reforms to discharge its duties
impartially. Since 1971, a Model Code of Conduct is issued for all elections. The
code has been immensely successful in exerting moral pressure on all
participants.
Whereas the Representation of the People Act, 1950 deals with
the preparation and revision of electoral rolls, the Representation of the
People Act, 1951 deals with all aspects of conduct of elections and post
election disputes. Various corrupt practices for which a candidate can invite
disqualification have been enumerated in Section 123 of the 1951 Act.
According to Section 123(3) “appeal by a candidate or his agent
or by any other person with the
consent of a candidate or his
election agent to vote
or refrain from voting
for any person on the ground of
his religion, race, caste,
community or language” is deemed
to be corrupt practice. Additionally, “the
promotion of, or attempt to promote, feelings of enmity or hatred
between different classes of the citizens of India on grounds of
religion, race, caste, community,
or language”, has been made a corrupt practice by Section 123(3A).
Although the above provisions appear to be highly potent, they
suffer from three major lacuna that impair their effectiveness considerably. First,
they become applicable only when the election process is on, thereby allowing
devious candidates to spew venom to consolidate their parochial constituencies
prior to the imposition of the moral code. Secondly, no preventive or punitive action
can be taken by the Commission during the currency of the election process.
Deviant candidates can be questioned only through election petitions after the
declaration of results and by then the damage would have already been done. Thirdly
and most surprisingly, there is no provision to challenge the corrupt practices
of the candidates who lose the elections. They go scot free.
However, under Chapter III (Electoral Offences), Section 125
categorically states electoral offences include – “Any person who in connection with an election
under this Act promotes or attempts to
promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred,
between different classes of the citizens of India shall be punishable,
with imprisonment for a term which may extend to three years, or with fine, or
with both.” It is indeed a dissuasive provision but the legal process is far
too long-drawn to be effective.
As regards the conduct of the political parties, Section 29A of
1951 Act empowers the Commission to register associations and bodies as
political parties. However, there is no constitutional or statutory provision
that gives power to the Commission to de-register political parties on the
grounds of violation of any provisions of constitution or any undertaking given
to the Commission. Thus many unscrupulous political parties get away with their
parochial agenda.
Election Commission cannot Evade Responsibility
Both the Representation of the People Act 1950 and 1951 under
Section 28 and 169 respectively empower the Central Government to make rules
after consultations with the Election Commission. However, the Central
Government is not bound to accept such views or recommendations of the
Commission. On many occasions, rules framed or amended have not been in line
with the recommendations of the Election Commission.
The above constraint notwithstanding, the Supreme Court of India has given far-reaching powers to the Election
Commission by ruling that where the enacted laws are silent or make
insufficient provision to deal with a given situation in the conduct of
elections, the Election Commission has the residuary powers under the Constitution
to act in an appropriate manner. From the above, it is amply clear that the Election Commission
has enough powers to rid Indian elections of the
divisive vote-bank politics.
Presently, the Model Code confines itself to four aspects only –
(a) prohibiting announcement of new projects or programme or concessions or
financial grants in any form or promises thereof which have the effect of
influencing the voters in favour of the party in power; (b) total ban on the
transfer of all officials connected with the conduct of the election; (c) ban
on the misuse of official machinery for elections; and (d) ‘Dos and Don’ts’ for
the guidance of the candidates and the political parties.
As can be seen, there are no guidelines for the print and
electronic media. They are at liberty to spread the virus of hatred based on religion/race/caste/community/language
amongst the voting public. Paid news is shamelessly camouflaged as genuine
surveys to sway the voters in favour of the unprincipled candidates and parties,
thereby vitiating the whole environment.
Therefore,
the Commission should enlarge the scope of the Model Code
by including the following ‘Dos and Don’ts’ for the media after the issuance of
notification for elections:-
a) There should be a total ban on public surveys
and opinion polls based on religion/caste composition of the electorate of an
area.
b)
No article should be allowed to appear in the
print media spelling out proportions of different castes in a constituency
and predicting their voting preferences.
c)
No TV channel should be allowed to dissect ‘social engineering’
of every constituency to forecast results. In other words, there should be a
blanket ban on public discussion of caste-based politics.
Under Para 16 A of the
Election Symbol (Reservation and Allotment) Order, 1968, the Commission has
assumed power to take away the symbol of a political party in the event of violation of Mode Code,
thereby making the party almost dysfunctional. The Election Commission must
exercise this power more resolutely.
The Way Forward
The current brand of vote-bank politics precludes letting the
countrymen stay united and vote without prejudice. Unfortunately, Indian
politicians cannot be expected to change as they believe in the ends and not
the means employed. If India has to survive and prosper as a cohesive nation,
the elections must be made issue and performance based, totally free of the
caste card. For that, the erring politicians must be made to understand that
any misdemeanour will result in their debarment from standing in elections,
thereby sealing their political careers.
In December 2016, a comprehensive paper was prepared by the
Election Commission on ‘Proposed Electoral Reforms’. The paper has been put in
public domain to keep the people informed. The government must respond to the
suggestions of the Election Commission at the earliest.
To start with, powers to make rules should be transferred to the
Election Commission, albeit in consultations with the central government. The
Commission should also be empowered to suspend/cancel the registration of a
political party for misusing religion/caste for electoral gains. Similarly,
candidates who repeatedly invoke parochial sentiments to gather votes should be
debarred from election.
No political party should be registered unless it allows
citizens irrespective of any distinctions of caste, community or the like. It
should swear allegiance to the provisions of the Constitution and to the
sovereignty and integrity of the nation. It should also submit a declaration
not to resort to casteism and communalism for political mobilisation, but to
adhere to the principles of secularism in the achievement of their objectives.
The Election Commission is the only agency that has the
potential and the power to pull India out of the quagmire of caste-based
elections. It is a challenge that it must undertake with due urgency. It cannot
waver, as delay will prove perilous for the unity of the country. For that, it
is essential that the central government extends full support to the
Commission.*****
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