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Sunday, May 02, 2004

Opinion

Opinion - News Analysis

Two issues crying for attention

By K.K. Katyal

NEW DELHI: This is the story of two issues which have not received the deserved attention of the media — the election manifestoes of the political parties and the information regarding the candidates, their assets and antecedents, notably the criminal past, if any made available in the affidavits, filed by them. This as noted during discussions by various groups, on the television and elsewhere, was in sharp contrast to the hype over opinion polls and exit polls especially in the electronic media. Hence the widespread sentiment for removing the imbalance, caused by preoccupation of the media with opinion polls, on the one hand, and insufficient attention paid to substantive issues, on the other. The two issues, which get a low priority, are clearly seen as falling in the substantive category.

The manifestoes, as has been mentioned in these columns earlier, are not considered vote-catchers but these documents, drafted with great care, do provide an opportunity for meaningful discussion on the plans, programmes and priorities of the parties. Could there be any doubt about the significance of the party positions on economic, security and foreign policies? The fact that all the parties are supportive of the peace process with Pakistan, of continued efforts to strengthen ties with China, was as significant as the identical lines, adopted by the NDA and the Congress on economic reforms. Or for that matter, the divergence in the cautious stand of the Congress and NDA on the U.S., notably its role in Iraq, and the severe criticism by the CPI(M). Was it not important for the media to highlight that the Congress(I) has veered round to the acceptance of nuclear deterrence and the CPI(M) sticks to the plea for the use of nuclear energy for peaceful purposes and for talks with Pakistan for "de-nuclearised environment in South Asia".

Citizens now have the fundamental right to know the antecedents of the candidates — an important input in the process of making an informed choice. It was not easy to secure this right — they got it after a prolonged legal battle against heavy odds. The Supreme Court, finally, reconfirmed it in March last year. It was the culmination of a process that began with a writ filed in the Delhi High Court in 1999 by the Association of Democratic Reforms, seeking a directive to the Election Commission to disclose the criminal antecedents and assets and liabilities of candidates. In November 2000, the High Court, while allowing the petition, held that disclosure of this information was also obligated by the constitutional provision — Article 19(1)(a) — giving citizens the right to freedom of speech and expression and hence the right to information. The case took different turns — an appeal by the Union Government, affirmation by the Supreme Court of the High Court judgment (leading the Election Commission to issue an order, requiring the candidates to file affidavits, disclosing the required information), the Cabinet's approval of an ordinance, seeking to nullify the Commission's notification, return of the ordinance by the President, reiteration by the Government of its decision and promulgation of the ordinance by the President (the Government had the support of all political parties), petitions to the Supreme Court by several organisations, and affirmation by the Supreme Court of the citizens' right to know the antecedents of candidates.

The issue involved in this long-drawn-out process was simple — the qualitatively different positions of the Election Commission (based on the Supreme Court order) — pre-election disclosure of antecedents — as against the Government position favouring post-poll declarations by elected members.

The purpose in mentioning this background is to drive home the point that while the disclosure regime had been ushered in as a result of long and persistent efforts by several civil society organisations, the media has not risen to the occasion, failing to publicise the mine of information contained in the affidavits.

True, some high-profile cases attracted the media's attention but it was thoroughly disproportionate to the efforts put in by public-spirited sections to secure the right to information on the antecedents of the candidates and the importance of the disclosure regime.

Then there were other problems. In most cases, the immovable property was grossly under-estimated — declarations were made not on the basis of the present market value but the price actually paid. It was patently unsatisfactory but this was not how the candidates looked at the problem. A senior political leader, now in the election fray, to cite one case, did not accept the under-estimation charge.

"Do you want us to go to valuers or income tax officials to find the market value?" he asked angrily.

The Delhi Watch Groups, a coalition of civil society organisations, committed to the cause of transparency in the electoral system, did a commendable job in compiling and analysing the affidavits filed by the candidates for the recent Delhi assembly elections. Its members, prominent former bureaucrats, faced considerable difficulty in obtaining the information and publicising it. Its experience could serve a useful purpose if the problems faced by it are sorted out and remedial steps taken. There is the need for such election watch groups to be set up in each State — and for the media to take adequate notice of their activities.

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