The Hindu : Need for democratic restraint

Online edition of India's National Newspaper
Monday, Dec 01, 2003

Opinion

Opinion - Editorials

Need for democratic restraint

THE ELECTION COMMISSION has a duty to ensure that there exists a level electoral battlefield. One of the important objectives of the Model Code of Conduct is to see that parties in power, whether at the Centre or in a State, do not misuse their official position for the purposes of an election campaign. Section VII (i) (b) of the Code prohibits the use of official aircraft, vehicles, machinery and personnel in the "furtherance of the interest of the party in power." In the light of this, nobody can quarrel with Chief Election Commissioner J. M. Lyngdoh's decision, in the context of the Assembly elections in five States, to issue show cause notices to the Congress president, Sonia Gandhi, and the Punjab Chief Minister, Amarinder Singh, for their alleged misuse of State Government aircraft. The question, however, is whether the process should be accompanied by a threat to de-recognise a party — a punishment that is incommensurate with the alleged transgression and therefore arbitrary.

Following complaints that Ms. Gandhi used a Chhattisgarh Government helicopter during the poll campaign, the Election Commission demanded an explanation from the Congress, asking it to show cause why its recognition as a national party should not be suspended or withdrawn. The ground for issuing such a threat is a provision (Clause 16A) in the Election Symbols (Reservation and Allotment) Order that gives the Commission the power to "suspend or withdraw recognition of a recognised political party for its failure to observe [the] Model Code of Conduct or follow the lawful directions and instructions of the Commission." However, the logic of threatening to de-recognise a political party for an alleged violation of a Code by its member, even if he or she happens to be its president, is dubious. Does anyone seriously believe that the national status of the main Opposition party at the Centre will be summarily withdrawn if Mr. Lyngdoh is not satisfied with the response to his show cause notice?

The credibility of the Congress party's response to the show cause notice is another matter. The party has contested the allegations by saying that Ms. Gandhi's use of the helicopter had nothing to do with the poll campaign in Chhattisgarh or elsewhere. She used it to fly to Sriperumbudur for the opening of the Rajiv Gandhi memorial, an official function at which no speeches, political or otherwise, were made. It is up to the Election Commission to assess the validity of this explanation. However, there is but a thin line between the attempt to enforce rules in a strict manner and the use of powers to intimidate political parties and officials. Mr. Lyngdoh, who demits office in February 2004, must resist the temptation to go the T.N. Seshan way, even as it must be conceded that some of the initial activism of the Election Commission under Mr. Seshan's stewardship produced salutary results. The Chief Election Commissioner needs to reveal a firm, unwavering and scrupulously impartial hand. But he or she also needs to exercise restraint in both language and action. Some recent remarks by Mr. Lyngdoh against State administrations, including particular officials, have been sweeping and even harsh. There has never been any doubt about the integrity and independence of this Magsaysay award winner. But Mr. Lyngdoh must give no more room for misgivings that his words and deeds exceed the legal and constitutional role of his office. In addition to strictness and objectivity, the Election Commission's conduct must demonstrate the virtues of democratic restraint and humility in the face of an electoral process that, for all its weaknesses, must be counted as one of the wonders of the world.

Printer friendly page
Send this article to Friends by E-Mail

Opinion

News Update

Stories in this Section

Need for democratic restraint

Waiting game in Kerala

Prabhakaran: Back to the old game

Remembering the faceless

Legislative privileges

On The Hindu