1995Vol15no.2

- _' A "<1 "‘~{;- Q »‘I~H'h)|;.3{,'v'J)'J —i-k COMMISSION OF COURAGE Commission of courage 2 Assertive Election Commission What voters say 7 vital for free and fair election Stop Press 10 Will history repeat itself? 12 The Chief Election Commission of India, Political solution needed 17 TN Seshan has been making waves as he stands up bravely to both ruling and Thinking Allowed 19 opposition party politicians in bid to ensure Letters 24 free and fair elections in that country. Current Concerns 30 In so doing, he has reinforced beyond doubt Aliran needs a home 31 the independence and credibility of India's The more you clean 32 Election Commission. Kg. Chubadak Tambahan 35 FAN YEW TENG challenges Malaysia's own Election Commission to emulate the trail blazing success of its Indian counterpart Public rallies are permitted in India A/iran Monthly 1995: 15(2) Page 2 COVER STORY "Neilher the President f'Or the Governor. .. (or) the Government at the Center or any State had an 10tci ofauthonry to quest/On" the ElectiOn Commission's right. Mleneral Elections the and by-elections can hardly be among members ofthe police and world over are becoming questioned. armed forces. increasingly expensive Be that as it may, elections must affairs. According to the Deputy INDEPENDENCE not only be free and fair, but must Chairman of the Election Com be seen to be free and fair. And it mission of Malaysia, Datuk Omar Ironically and sadly, most of the is in this respect that a nagging time the Election Commission it Hashim, the Election Commission feeling persists among a substan self, and most of our lawyers, has been allocated RM40 million tial number of Malaysians that the parliamentarians and politicians to conduct the 1995 general elec Election Commission has not are unaware that Part VIII of the tion. This sum is double the been assertive enough to ensure Federal Constitution provides for amount allocated for the previous that most things which matter in the independence of the Election general election held in I 990. an election are fair. Commission. Article 113 empow One persistent complaint - espe ers the Election Commission to More important than the question cially among opposition parties conduct elections to the House of of money is of course the assur and candidates - is the unfair ac Representatives (Dewan Rakyat) ance that elections are always cess to the mass media during an and the State Legislative Assem conducted in a free and fair man election campaign. This is not to blies. The Election Commission ner for all concerned - the voters forget the equally frustrating ex is also empowered to prepare and and the contesting candidates. perience of unfair media access revise electoral rolls for such elec Winning or losing in a free and before the campaign. This was in tions, and to review the division fair manner is what parliamentary fact one of the main issues com of the Federation and the States democracy is all about. mented upon by the Common into constituencies and recom wealth Observer Team during the mend such changes therein as they Granted the Election Commission 1990 general election. may think necessary. has successfully conducted gen eral elections since 1955 both at Another bone of contention that Article 113, Clause (5) states very state and federal levels every four has been a cause of considerable clearly: "So far as may be neces or five years. The Commission's unhappiness among opposition sary for the purpose of its func competence and professionalism candidates is the way postal vot tions under this Article the Elec in conducting general elections ing is conducted, particularly tion Commission may make rules, Aliran Monthly 1995: 1 5(2) Page 3 but any such rules shall have ef SESHAN'S EXAMPLE Sabha (Upper House) elections fect subject to the provisions of due later that year. federal law." In other words, the Thus, the constitutional provi Election Commission may make sions for a fiercely independent The controversy had stemmed rules to ensure that elections are Election Commission are there. from what Seshan described as a Why conducted in a free and fair man aren't they used Wly? subversion of his "exclusive ner. discplinary jurisdiction" over Perhaps our Election Commission election officials by the State should learn a thing or two from the Election Commission oflndia Government "at the behest of in general and TN. Seshan, the political bosses." "I don't hate Chief Election Commissioner of politicians, India, in particular. Rejecting the Cabinet Secretary's and the Attorney-General's views Soon after being appointed as the on the matter, Seshan argued that I just hate Chief Election Commisioner of "neither the President nor the India in December 1990, TN. Governor ... (or) the Government bad politics." Seshan has been embroiled in con at the Centre or any State had an troversy in his struggle to assert iota of authority to question" the - T.N. &shan the independence of the Election Election Commission's right to Commission of India. In the pro requisition any officer for election cess, he has stood up to politicians Article 114 empowers the King to work. appoint the Election Commission, both in the government and in the opposition, as well as to some top after consultation with the Con Seshan's behaviour at one time civil servants and bureaucrats. ference of Rulers. It is significant prompted many MPs in both the to note that Clause (3) ofthe same ruling Congress (I) and some op Article states that members of the position parties to demand his Election Commission - a chair "If you do impeachment. However, specula man, a deputy chairman and three tions has it that Prime Minister other members - "shall not be re something N arasimha Rao had not been moved from office except on the wrong, I have no like grounds and in the like man able to remove him because ner as a judge of the Suspreme anger former Indian President R. Court." Venkataraman had flatly refused against you, the to allow Seshan 's removal. Clause (2) of Article 114 states: ang~r "In appointing members of the Meanwhile, Seshan had cancelled Election Commission the Yang di is against something Pertuan Agong shall have regard wrongly done" or postponed elections or by-elec to the importance of securing an tions in areas where campaigning would obstruct drought relief Election Commission which en - T.N. Seshan joys public confidence." This ~ork or where communal tensions Clause surely enjoins upon the were high. He cancelled the by Election Commission to conduct In May 1993, for instance, election for the Ranipet Assem free and fair elections. For if Seshan almost sparked off one of bly constituency in Tamil Nadu, members ofthe Election Commis the most serious constitutional objecting to the development sion do not or cannot conduct free crisis in independent India when programmes the State Govern and fair elections, then how can he threatened to cancel some by ment had announced, on the ar the Commission possibly enjoy elections due for May 19 and gument that they would influence public confidence. postpone indefinitely the Rajya the out~ome of the poll. ~-------------------------------------------- Aliran Monthly 1995: 1 5(2) Page 4 MOST AUTONOMOUS? He castigated Bhajan Lal, the Article 3 24 is a reservoir of power Chief Minister ofHaryana State, to act for the avowed purpose of Writing in the June 4, 1993 issue for violating the code of conduct ... pushing forward a free and fair of Frontline, a respected fort of the Election Commission by election with expedition." nightly news magazine from Ma inaugurating two public works dras, Praveen Swami argued that complexes, well after poll notifi IDENTITY CARDS the Election Commission of India cations were issued, in an attempt was "perhaps the most powerful to prop up his (Lal's) son's cam As the world's largest democracy and autonomous body in the ad paign. India has nearly 600 million vot ministrative apparatus" of the ers. But Seshan soon realised that many of them were not properly country. On October 30, 1992, Seshan or registered voters. So he insisted dered the West Bengal Govern that all voters be issued photo ment to carry out a complete re identity cards to prevent fraud. SESBAN'S enumeration of the electoral rolls COMMANDMENTS And he threatened that he would in 24 Assembly constituencies, in not hold elections after January response to charges that large Thou shalt not: 1, 1995 in those States that failed number of illegal immigrants to provide photo identity cards to Bribe or intimidate voters. from Bangladesh had been listed the voters by the November 30, Distribute liquor during the as voters. 1994 deadline. elections. In Bihar, elections in no less than Use official machinery for five constituencies were cancelled The Audit Exercise campaigning. and the results in three others were The expenditure observers are countermanded, because of mas Appeal to voters' caste or Seshan's sentinels. They are sive rigging and violence. The communal feelings. checking: Election Commission also post Use places of worship for poned elections in Punjab due for Suppliers/printers of posters: campaigns. June 22, 1991. do their orders tally with the Use loudspeakers without candidetas' bills? prior written permission. In these actions, Seshan was Numbers of electioneering backed by the law and the Indian vehicles: do they match those Saurct: INDIA TODAY- /5Doc' 94 Constitution. Section 58 of the shown by candidates? Representation of the People Act, At one time, Seshan decided to 1951 empowers the Election Payment receipts of petrol ban Home Ministry officials Commission, on a report by the pumps: Have the candidates consumed more petrol than from entering the Election Returning Officer, to cancel a shown? Commission's office unless they poll.

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