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Electoral Democracy need of the hour

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Ridiculing the poll panel will not help improve its efficiency. It is the best you have to steer 'electoral democracy'.

Election Commissioners are the usual punching bag of opposition parties. Of late, the Supreme Court has also joined the fun. While winners are their vocal supporters, losers find ECs complicit in helping the ruling party. Had this been the case, BJP should have also won in Himachal Pradesh and Delhi municipal elections with a two-thirds majority.

Whether it is revision of electoral rolls, allotting election symbols, announcing elections, drawing voting schedules, appointing officers to conduct elections, securing ballot boxes or using electronic voting machines, CECs/ECs are their eternal villain. Who cares if, unlike any other country in the world, they hold elections successfully that involves 928 million eligible voters, 1.2 million polling booths, 11.6 million election workers criss-crossing plains, desert, glaciers, jungles and travelling over ocean within 1,269,219 square miles and announcing results within 12 hours.

Electoral Democracy need of the hour

The grievances of whiners are mostly spacious. They have a problem with the present system of appointing ECs from among serving bureaucrats by the government. It's true only IAS officers serving at the Centre, whom the Prime Minister has seen perform, are selected as if there are no competent officers available among other services or from IAS officers in the States. It does lead one to imagine that such a person will abide by the dictate of the party in power and manoeuvre the entire electoral process accordingly. But it's not possible since voting and counting take place in full public view.

Himachal Pradesh election result: Candidates who lost the battle by 1% votesHimachal Pradesh election result: Candidates who lost the battle by 1% votes

It is equally unlikely that a Prime Minister or his coterie will guide CECs how to conduct elections for the simple reason that a bureaucrat being a bureaucrat, no politician can afford to trust him blindly. Moreover, CECs are not above law and courts have quite frequently set aside or put on hold many of their decisions.

The critics would like to replace the present system of appointing ECs by a selection mechanism that can appoint an 'apolitical person' with a 'strong character' to take 'independent' decisions. But, aren't all mechanisms, including NJAC, have fault lines? Let's not forget that every individual is a political creature and carries influences of his surroundings.

The reason why judges frequently recuse themselves is that they find it difficult to rise above prejudices. As for 'strong character', it is an undefinable idea. One can take toughest decisions without being a bully like Sheshan or a minnow like Sukumar Sen. Also, people with strong beliefs are usually whimsical and arbitrary in their decisions.

It is generally presumed that the best way to insulate ECs' appointment from the whims and fancies of the Prime Minister will be to involve the Chief Justice of India in the selection process. But it's not so simple. How will the CJI ensure that the panel of names put up to him is comprehensive and gradings have been recorded objectively? Most gradings are managed and not deserved. Honest, no-nonsense and professionally competent officers genetically tend to have an independent point of view that no politician or senior likes. Hence, they seldom get outstanding reports, plum posts and extensions.

Giving undue weightage to seniority is also a bad idea because senior officers are not necessarily great achievers. Quite a few CBI directors selected by the panel consisting of CJI in the recent past on the basis of seniority and records turned out to be corrupt and vicious. So, remember what Napoleon once said: 'Hold me accountable if I lose a battle but don't choose my men if I have to lead them to win it.'

Explained: What is 'voters' data theft' controversy that broke out in Karnataka?Explained: What is 'voters' data theft' controversy that broke out in Karnataka?

There is also a half-baked feeling that short-term tenure destroys independence of CECs/ECs for they can neither implement their vision nor bring electoral reforms. But visions are institutional and not inherent in individuals who come and go. Imagine what democracy will suffer if a CEC, having pronounced NDA/UPA/CPM/TRS/DMK/AIMM, religious and caste leanings, serves for six years.

And, if he is a conformist, he will make the institution stagnate, resist new ideas and run his writ arbitrarily. Let the damage from a CEC to the functioning of the Election Commission remain as brief as possible.

(Amar Bhushan worked with the Research and Analysis Wing for 24 years after briefly serving in the BSF intelligence, State Special Branch and Intelligence Bureau. He served as the Special Secretary in the Cabinet Secretariat before he retired in 2005.)

Disclaimer: The opinions expressed in this article are the personal opinions of the author. The facts and opinions appearing in the article do not reflect the views of OneIndia and OneIndia does not assume any responsibility or liability for the same.

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