Needed a neutral govt during polls

Brazen use of law enforcement to intimidate Opposition has been an issue for some time

By Alok Tiwari

A functioning democracy is run as much by the letter of the Constitution as by its spirit. Major players in the polity abide by the formally enacted laws and rules framed under them. They are also expected to adhere to conventions that are dictated by principles of decency, fair play, and justice. Since laws cannot cover all circumstances and every sort of behaviour that politicians and parties might indulge in, these principles have a major role to play. Some issues can be resolved by the judiciary. But it too often limits itself to the enacted letter of the law rather than thinking beyond it. Of course, it does shine a light based on political culture and traditions in grey areas, but ultimate outcome depends upon the inherent qualities of individuals running the show.

There is no denying that there has been an obvious and visible degradation of political culture in recent times. This is not limited to India. Who would have thought an incumbent American president would refuse to accept the results of national elections in which he was roundly defeated and would try every trick to nullify the results and stick to office? But it did happen. Whatever be the cause, there has been a global rise of politicians and political forces that are willing to push the envelope on what is acceptable behaviour. India has been no exception.

The run up to ongoing national elections has brought out this facet very acutely. The brazen use of state law enforcement agencies to intimidate the opposition parties and leaders has been an issue for some time. However, arrest of two sitting chief ministers and freezing the accounts of country’s largest political party just before the campaigning started took the matters to newer depths. One of the norms of an evolved democracy is that the incumbent government will not use the powers it has to further its own political cause during election process. This is to ensure a level playing field for all contestants. The model code of conduct that comes into force once elections are formally notified is meant to ensure this to some extent. But it is in force for a truly short duration before the polls. A government in office can get a lot done before it.

The neutrality of Election Commission of India has once again been called into question for the first time since T N Seshan turned it into a true watchdog from a docile lapdog. Everyone knows the way the government negated the Supreme Court ruling of having an independent panel pick up the election commission by brazenly ensuring its own majority in the panel. Since one government has indulged in these practices, they are unlikely to go away even if government changes after the elections. All politicians love power, and nobody would be willing to let go of it.

It is clear few politicians would stick to underlying norms when they try to find ways around even formally enacted laws. If not checked the situation will become progressively uglier. Maybe it is time to think of having a caretaker neutral government for the entire run up and conduct of national elections. Modi government has been a votary of One Nation, One Election. If it is able to get that done, then the incumbent governments at all levels will have huge impact on elections at every level. If all governments at Centre, state, and local level begin weaponizing the agencies under their control to paralyze opposition, the resulting chaos may well be imagined.

Much better to hand over the reins to a government that is not made up of parties contesting the elections. It is not a radical or new idea. Many nations, including our immediate neighbours Pakistan and Bangladesh, have this practice borne out of unfair advantage party in power derived in the elections. Misuse of state machinery for election purposes is main reason. Even earlier, Mrs Indira Gandhi was unseated by an Allahabad High Court judgment for this very reason. That had a sobering effect on subsequent governments for decades. Now things again are getting out of hand.

The nature and composition of such a government can be discussed. The guiding principle of setting it up should be to ensure complete neutrality. This means no party, whether in government or in opposition, should be able to have a say in who runs it. This should cover the process of appointment of that person. Some countries have the government run by the chief justice. Others look for senior bureaucrats. We may look at not just legal minds and bureaucrats but also prominent citizens with a record of public service. While everyone selected will have some political bias but someone who has no chance of being in power after elections will have less incentive to favour one party over another. To ensure this, the senior functionaries in such a government should be barred from being appointed to any state post later for at least five years.

Such a government should be constituted at least six months in advance of elections at both Centre and state level. It will not be able to take any major policy decision nor will do anything that affects revenue of the state except in truly emergent situation like a war breaking out. It must ensure all state agencies, including and particularly the Election Commission, function in truly neutral manner. This neutrality should also be extended to all media outlets too. One of their licence conditions should be to give equal airtime and print space to all national and state parties during elections. We have enough legal talent to work out the details. But let us at least begin a discussion towards that end.

This column appeared in Lokmat Times on May 8, 2024