Our attempts to resolve any number of socio-economic and political problems have to focus on behavioural changes and social engineering
Any effective reform in the electoral process has to take into account many factors including legal and legislative ones. The steps are discussed so as to bring a holistic change with an inclusive approach. Any change in the behavioural aspect of people solicits an endeavour for awareness building. Art 324 (1) of the constitution India vests the power of superintendence, direction and control of elections in the Election Commission of India. As such ECI is the most important constitutional body having Superintendence, direction and control over the election process. This vesting of such large power also generates responsibility for ECI for smooth conduct of free and fair elections.
As a first step, ECI should also try to create awareness among people delineating the role/(voting) power of citizens to choose their representatives. Frequent publicity over print and visual media about dos and don’ts for the voters would create some awareness Collectors as the agents of ECI also may be directed to carry and convey the voice and messages of the Commission in the nook and corner of the districts and also in the interior pockets.
The vulnerable groups (tribals etc.) should be guarded heavily against exploitation and intimidation. Frequent visits to these areas, especially the day/night before the election would foil the prank of the unethical elements to win by the force of money. Any violation of code of conduct in case of the candidates or followers should warrant disqualification. District and police administration’s alertness, swiftness and sincerity can nip the criminal activities in the bud. The erring and non-performing district administration officials should be taken to task by the ECI. A strong ECI, effective district administration and strong police force can make the process smooth.
The fact that about one third of the population lives below the poverty line, makes the voters vulnerable and prone to the influence of money for unethical voting. The first and foremost task for the government should be eradication of poverty. But it is not plausible to eradicate poverty overnight. But if abject poverty conditions are addressed properly, a major task would be accomplished. The distribution of freebies with taxpayers money (in my opinion) be stopped forthwith and the party indulging in such activities may be severely dealt with.
In any democratic set up criminality has no role to play as being anathematic. Hon’ble Apex Court has taken a very laudable step in regard to criminalization of politics – disqualifying a candidate on conviction. Revealing criminal antecedents at the time of filing nomination and disqualification on conviction have set the ball rolling. A strict vigil and strong implementation of stringent law would silence criminality.
Cleavage based politics – politics utilizing the divisive factors like caste, religion, language, gender and tradition, etc. should be discouraged strongly. Though it is easier said and done and the society is divided on many diverse points yet any beginning and approach to minimize would go a long way to purify the process. Other spatial points should be
cogitated and analyzed by ECI to introduce fairness into the process.
Do we need legislation for bringing up laws to ensure free and fair elections? Generally deterrent law has three major components such as severity (severe degree of punishment), Certainty (punishment follows as a certainty wherever there is occurrence of a criminal act) and Celerity (swiftness is essential). Crime would be deterred if punishment is awarded quickly and rapidly. In the opinion of Hobbes, people are driven due to their self interest and further he stressed the importance of deterrence to make the people law abiding Cesare Beccaria stated that crime and punishment should both have a proportional deterring and deterrence value.
These three components not only attract people’s faith and confidence in the system but are also most effective in electoral process and dynamics. As any strong prophylactic or curative medicine has side effects, any harsh law runs the risk of abuse. The most terrifying factor for a politician is disqualification and ban on contesting elections. If the deterrent law would address this entailing disqualification then the success rate would still be higher and so it would deter other candidates from venturing into abuse of money power and criminality.
Strict implementation and prompt investigation and certainty of the punishment for the unscrupulous elements can bring back everything on a fair path. Electoral malpractices (Abuse of money power, intimidation of voters, post poll violence, offer of freebies, criminal use of caste card etc) should be associated with disqualification, fines and other penal provisions and that would go a long way for introducing fresh air into the system.
The role of bureaucracy is very important here. Impartiality, effectiveness, sincerity and honesty should be maintained at any cost under strict vigil of Election Commission of India. As stated previously, it is a herculean task. But search for solution for every difficult task should start at the earliest and sincerity and it can achieve the most complicated task.
(The author is a superannuated senior IAS officer. The views expressed are personal.)
