Every competitive game has a referee that monitors violations of the rules of the game and also ensures a level playing field for all. Similarly, any process has certain guidelines and a standard operating procedure (SOP) which if discarded or implemented without the right spirit renders it ineffective and an exercise in futility. In electoral democracies the manner in which the elections of the country are conducted become critical to its credibility and if the agreed to “model code of conduct” is not followed then the entire electoral process is reduced to a sham or termed as “rigged”.
For the soul of democracy to thrive and prosper it is important to preserve the trust that people have in the power of their vote and confidence in the integrity and sanctity of the mechanism which allows them to elect the candidate of their choice as their representative to the legislature. One of the key sentinels responsible for protecting this “soul of democracy” is the Election Commission of India (ECI), which is an autonomous constitutional authority responsible for administering Union and State election processes in India.
MODEL CODE OF CONDUCT
On 10th March 2019 the Election Commission of India announced the dates for the 2019 Lok Sabha elections and declared a 7-phase exercise between 11th April till 19th May 2019. The model code of conduct (MCC) is applicable from the date of election announcement till the date of announcement of results. Hence the MCC will be operational till the 23rd May 2019. The MCC (www.eci.gov.in/mcc) gives guidelines under the following categories: general conduct, meetings, procession, polling day, polling booth, observers, party in power and guidelines on election manifesto.
The following points 3 and 4 from the rules regarding general conduct are very pertinent namely: 3. There shall be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda. 4. All parties and candidates shall avoid scrupulously all activities which are “corrupt practices” and offences under the election law, such as bribing of voters, intimidation of voters, impersonation of voters, canvassing within 100 metres of polling stations, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, and the transport and conveyance of voters to and from polling station. It is the duty of ECI to monitor violations if any to the aforesaid guidelines and pull up the violators for admonishment and legal action.
IN THE EYE OF THE STORM
This time around the quantum and severity of alleged violations of the MCC is much more than previous elections as the outcome will directly impact the survival of many political parties and their leadership for the near foreseeable future. The stakes are too high and so brinkmanship is the order of the day. Some the instances that clearly irked the stakeholders on the other side of the fence include the launch of a 24 hour TV channel called NAMO TV dedicated exclusively to the Prime Minister, the crackdown on the sale of a book on the “Rafale deal” in Chennai by the Tamil Nadu police, railway tickets and boarding passes of a certain airline having photos of the PM, the national broadcast by the PM to declare the successful launch of India’s ASAT missile, the statement by a sitting governor that “we are all BJP workers and want the PM to be re-elected, the criticism of the Congress’ Minimum Income Guarantee (NYAY) scheme by the NITI Aayog Chairman and the statement by Uttar Pradesh CM referring to the Indian Army as “Modiji ki Sena”. The ECI has taken cognisance of many of these violations but some say it is a case of too little and too late.
MISUSE OF STATE INSTITUTIONS
Our Constitution imparts the state with a system of checks and balances through various autonomous and independent institutions like the judiciary, the RBI, CBI, the Election Commission and gives freedom to non-state actors like NGOs, civil society, human rights organisations and the media to play their respective roles in monitoring and giving their opinion regarding the way in which the lawmakers and the government are conducting the affairs of the nation. Although the legislature is directly elected by the people, it cannot claim to be the exclusive vanguard of democracy demanding subservience by all other institutions.
It is the bounden duty of the government to abide by the norms and spirit of our Constitution and act in a democratic manner to ensure harmony and balance between the state and its institutions. If this balance is broken and disregard to the autonomy of state institutions is normalised, the very foundations of our democratic polity will be shaken and we will lose our most cherished values of freedom and equality before the law.
ISLAMIC APPROACH TO GOVERNANCE AND INSTITUTIONS OF THE STATE
Islam’s approach to governance and the autonomy of the State institutions is a natural corollary to its core belief system and worldview. Under Islam real sovereignty belongs to God and we are God’s vicegerents on earth. Khalifah or vicegerent is one who exercises the authority delegated to him by his principal, and does so in the capacity of his deputy and agent. Hence, whatever authority he possesses is not inherently his own, but is derived from, and circumscribed by, the limits set by his principal.
A vicegerent is not entitled to do what he pleases, but is obliged to carry out the will of his Master. If the vicegerent were either to begin thinking himself the real owner and to use the authority delegated to him in whatever manner he pleased, or if he were to acknowledge someone other than the real owner as his lord and master and to follow his directions, these would be deemed acts of infidelity and rebellion. Thus, those entrusted with the reins of power have a religious and moral responsibility to follow the “will of his Master” as mandated by the Quran, the Sunnah of the Prophet (peace and blessings of Allah be to him) and the path of the pious predecessors.
The executive, the judiciary and likewise various state institutions are completely independent of each other and enjoy complete autonomy to maintain the rule of law and prevent misuse and governmental tyranny. Elections need to be free and fair for any functional democracy. The adjudicator for overseeing elections must enjoy autonomy and must be a person of unimpeachable integrity. The ECI role in safeguarding our democracy is highly critical. It must be allowed to roar again.