Election Commission's 'mistakes'
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With the elections approaching, two controversies related to the Election Commission have come into focusin Kerala. They are crucial in the democratic and civil rights enshrined in the Constitution. These confirm the general perception that the impartiality in the conduct of elections and the freedom of expression, the soul of democracy, are gradually disappearing. In the first case, the seal of the Bharatiya Janata Party (BJP) was seen in an official letter sent to political parties from the office of the state Chief Election Officer , instead of the seal of the Election Commission. The State Election Officer, explaining that it was a “clerical error” that had occurred by mistake, has taken action against the officials concerned. The public would not hesitate to accept the argument that it is just a slip. However, it must be pointed out that what caused it to develop into a major allegation is the lack of trust in the Election Commission. With so many examples of loyalty to the ruling party remaining without satisfactory explanations, it is natural to perceive even slips as deliberate or as reality appearing in the form of an error. The subsequent actions against dissent seem to confirm such an understanding. The Election Commission letter bearing the BJP’s seal naturally triggered strong reaction on social media. However, it is not a mistake that the police, under the control of the Election Commission, hastened to remove such discussions under Section 79-3-B of the IT Act. How can the authority’s argument that such discussions “will destroy communal harmony” be justified?
In the second instance the Election Commission, which should welcome democratic discussions, removed an interview with the state opposition leader VD Satheesan, from social media (later restored it) and explained it as another mistake. It was the state police, now operating under the Election Commission, that removed the clip of the ‘Manorama News’ interview, which raised the opposition’s arguments and pointed out the government’s shortcomings. The Chief Electoral Officer has explained what the ‘mistake’ was in this incident. It was not the video that was asked to be removed, but only the comments about it; however, the social media company (Meta) reportedly taktook en down the video as well. Here, too, the question arises: How can only these posts be problematic when there are thousands of other posts spreading hate? Has the Commission set up any system to check and take action on hate posts? If so, is it flawless? Does it listen to the parties concerned before removing them? There is no doubt that hate speech and violent news on social media should be stopped. However, it cannot be a justification for suppressing democratic debates. The core of the problem is the Election Commission’s failure to maintain its position as a transparent and impartial institution. The opposition has raised clear complaints against the Election Commission of India at the national level. Never before in the history of independent India have such widespread and clear allegations been raised against this constitutional institution.
There has been no satisfactory explanation for the complaints raised about the conduct of the 2024 Lok Sabha elections. It took 11 days to release the final voter turnout in the first two phases. The discrepancy of five to six percent in many constituencies also raised doubts. The Supreme Court itself questioned the Commission. The huge discrepancy between the number of voters and the total number of votes seen in the counting of votes has created controversy. The unnecessary decision to remove the CCTV footage of the voting after a month and a half has also created doubts. The allegations of “vote theft” raised in Karnataka, Haryana and other states have not been refuted. The Model Code of Conduct has been implemented only selectively based on who and their background. There are allegations of sectarian denial of votes in the name of cleaning the voter list. The disputes over voting machines and VVPATs have not been resolved. Complaints that millions of genuine citizens are being denied their vote and citizenship through SIR are increasing. According to the new rules brought by the Modi government, it is not an allegation; it is a fact that the ruling party has the power to appoint members of the Election Commission. The way the Commission works in line with this is only a natural corollary. The law that prohibits approaching the courts against the commissioners, amounts to denial of justice. None of this can be dismissed as baseless allegations. The position that one should not even express an opinion or disagreement about the work of the Commission is unacceptable. The idea that the Commission and the police under it have unlimited power is also unacceptable. The Election Commission itself should remember that it is a constitutional institution and its allegiance should be to the Constitution.
