Election Commission of India 1

Election Commission of India
NAME OF THE NEWSPAPER
MAIL TODAY
Twitter debut
CHIEFELECTIONCommissioner 5.Y.Quralshl
has debuted on micro
blogglng website TwItter saying he wanted
to connect with the
country's
youth.
Within three days,
Quralshl has gathered
over 1100followers.
After Prime Minister Manmohan
Singhstarted his account, oftIclal functionaries are rushing to start their
own. In this race to Join the youth
bandwagon, one of the recent converts has already called It quits. Press
Council chairman Markanday Ka~u,
who announced he was going on TwItter to listen to people and their Criticisms,hassuddenly gone miSSIng.Twitter Isabuzzwith his change of heart!
2012 .
DATE!l .:
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7 After PM,
CEC logs on
to Twitter
New Delhi: India's chief
election commissioner has finally 'surrendered' to the social media website Twitter.
CEC SY Quraishi on
Wednesday thanked
the
youth of the country and his
son for it. Posting his maiden
tweet, Quraishi, the head of
the Election Commission,
wrote, ''Atlast, I have surrendered to twitter! Thanks to
my son @mustafaquraisbi
and the youth of India for inspiring me."
In opening a Twitter account, Quraishi has followed
in the footsteps of the Prime
Minister Manmohan Singh,
whose office now makes it a
point to keep the followers
posted of all major happenings in the PMO.When asked
about the reasons behind his
opening an account on the
website, Quraishi said, "It is
part of our efforts to reach
out to voters and create
awareness."
He said, "Weneed to reach
out to voters of all ages and
classes. Social media is the
latest media. This was earlier
left out. We are trying to fill
up that gap now."
Quraishi added that voter
education is imperative in
making elections successful
and meaningful. PTI
..•
Electiofl Cemmission of India
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PIONEER
AFTER&:, ICJ.CLOGS
INTO
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DelhI: 1ndIiI's Chief Election
Commissioner has finally
"surrendered" to the Twitter.
And
SY Quraishi says he
has 10 thank the youth of the
country and his SOIl for It.
Posting his maiden tweet.
Ouraishi. the head of the ElectIon
Commission, wrote, "At last, I
have surrendered to twitter!
Thanks to my son
@mustafaquralshi and the youth
of India for inspiring me.· In
opening a Twitter account,
Ouraishi has followed in the
footsteps of Prime Minister
Manmohan Singh. whose office
now makes it a point to keep the
followers posted of ail major
happenings in the PMO.
P1I
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MAR ZOtl
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11 - . t;R 2012
Election Commission of India
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201Z
uch ado about nothing
The media sets up a bogus agenda
by B.G. Verghese
wo
"crises" that rose to a CEC's model code of conduct an
crescendo of Opposition and "excuse" to stall development projects?
media fury last week con- The GOM, let alone the Cabinet, were
cerned the government's
yet to discuss the issue. Yet, the Law
alleged "decisions" to curb the powers Ministry was charged with seeking to
of the Central Election Commission and curb the powers of the CEC which,
further to "undermine federalism" by among other things, bars new policy
moving to establish a National Counter pronouncements by incumbent governTerrorism Centre. These are prime ments in the form of populist freebies or
examples of national frivolity with sec- "bribes" to woo the voter once elections
tions of the media setting up a bogus are announced.
No decision had been taken or implied
agenda by reading all manner of sinister conspiracies into "facts:' that could that the grant of statutory powers would
have quite easily been investigated and curtail the CEC's jurisdiction in favour of
put in perspective for rational considerthe government. These statutory powers
could well be exercised by the CEC itself,
ation and debate.
First, on February 21, leading 24x7 an option supported by T.S. Krishnachannels and newspapers got hold of a murthy, a formerCEC. Consider an examsecret Agenda note for a GOM (Group ple. In Punjab, as many as 201candiates
of Ministers) meeting the following day who stood for election in the January 30
"to consider measures that can be taken Assembly poll have responded to Election
by the government to tackle corruption". Commission notices admitting having
How did this confidential Cabinet com- paid broadcast channels or newspapers
mittee paper leak and who leaked it and for election coverage. They have now
reportedly agreed to file these "paid news"
to what end?
Everything seems to leak selectively outlays as part of their election expenses.
with impunity and immunity -- CAG Other cases are being investigated.
reports, commission of inquiry reports,
Is this sufficient punishment to stamp
SIT reports, you name it -and is pub- out a rampant evil in which the media,
lishedIbroadcast with a bias that grabs the election candidates, political parties headlines, often out of context, and focus- and still others in other cases - subvert
es debate on non-issues or side issues at elections, the law and freedom of expresthe cost of the main thrust of the docu- sion to undermine democratic goverment at hand. Initially subjective pro- nance? The only other power the CEC
nouncements in turn tend to thwart objec-. has is to refer such cases to the tax authortive debate as the facts are not as sensa- ities to follow the money trail on both
tional as the myths created around them. sides and take action in case of default.
This kind of media-Opposition hype
However, were the model code to have
tends to feed on itself and hijacks cool statutory backing, exemplary punishdeliberation and stymies decision-makment could be awarded both to the guilty
ing. The cry of freedom of expression is candidate and hislher party and to the
then mouthed to justify discussing com- channel or newspaper concerned. Penalplex and delicate issues in the marketplace ties could extend by law to disqualificathrough the intermediary of all manner of tion of the candidate for seven years, a
busybodies. This is a dangerous tenden- fine on both the party and the media
cy that could make India ungovernable.
outlet equivalent to 10 times the outlay
The GOM agenda note in question
on "paid news", and a public apology
suggested that the Law Ministry "may printed and broadcast at prime time or
also look into (and report on) aspects on page 1 for commission of a public
where executive instructions of the Elec- crime both by the media house and the
tion Commission were required to be party concerned.
given statutory shape". Further, was the
Specious pleadings can be made about
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vicarious liability and lack of proportionality; but the murder of democracy
demands no less a sentence.
Will the CEC be weaker and the elections less credible for such a refonn? Why
is this not discussed in editorials, 24x7
panel discussions and in party councils?
Next, take the bogey about the threat
to federalism from the government's
move on the NCfC? The NCfC was
sought to be established by an executive
order under the Unlawful Activities Prevention Act, 1967, and made a wing of
the Intelligence Bureau. It is possible
the government did not consult all concerned or early enough.
After "federalist" protests by seven
Chief Ministers, the PM asked the Home
Minister to conduct a fresh round of
Everything seems to leak
selectively with impunitY
and immunity, and is
publishedlbroadcast with
a bias that grabs the
headlines, often out of
context, and focuses
debate on non-issues.
consultations to establish a broad consensus. The essential point, however, is
that countering terrorism cannot be left
to individual states. Intelligence gathering and analysis, investigation and liaison with foreign agencies in cases of
cross-border crime must be coordinated
and calibrated across state jurisdictions.
The case for a Central authority is
patent as virtually all CMs have admitted. The existence of a NCfC will not
militate against the police powers of the
states. Even in dealing with the Naxal
movement and insurgencies, it has been
found necessary to have a unified command by whatever name so that dangerous elements do not slip through dis- ,
crete and, sometimes, discordant jurisdictions. This arrangement can perhaps
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Election Commission of India
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be tidied up but basically has no bearing on federalism.
A number of CMs have in this case
come together in a misalliance, based on
mistaken premises, in order jointly to
confront the Centre. This is a manifestation of partisan politics for collateral
gain and not a cogent platform for better governance in the name of injured
federalism. Strange that an astute lawyer
likeArun Jaitley reportedly argued that
India has a federal structure and is not
a Union of States! He needs to re-read
Article' I of the Constitution.
Three others issues last week merit
attention. First, the Supreme Court had
harsh words for the Centre for unconscionable delays in disposing of mercy
petitions. An l l-year delay in one case
had led to the condemned prisoner suffering a "slow death" every day. A norm
should be laid down that any mercy petition not decided in three months should
be taken as affirming the death sentence.
Delay has politicised the matter in cases
such as that of Afzal Guru.
The second relates to the former Civil
Aviation Minister's daughter and family demanding to fly business class Bangalore-Male-Bangalore by Air India.
The airline thereupon felt compelled to
switch to a bigger plane both ways to
accommodate these VIP passengers,
resulting in over 100 seats remaining
unfilled. AI Board members and civil
aviation top brass and their families have
cost this highly pampered national airline dear even as its losses mount. Such
freebies must end. Pomp must yield to
performance.
Finally, the Kakodkar Committee has
castigated the Railway Ministry's
unwillingness to raise fares in order to
avert bankruptcy of this vital PSU and
upgrade its services and safety standards. A string of irresponsible and populist Railway Ministers must own prime "
responsibility for the mess. As argued .
earlier, it is time to scrap the Railway
Budget and subject the Indian Railways '1
to the purposes and discipline of the
national exchequer .•
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Election Commission of India «6
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Making a mockery of democracy
Political parties have been exploiting caste and religion to gain votes. Issues of development have taken a backseat. Even
in the ongoing election to the Assembly in Uttar Pradesh, politicians have been promising the moon to minorities
emocracy is a basic feature of
our Constitution,
with
Parliament and Legislative
Assemblies being instruments that
allow the people of the country
through their representatives
to
have a say in governance. Political
parties are the medium through
which representatives are elected. It
stands to reason that after elections,
the implementation of the principles
and policies that these representatives have stood for, should form the
basis of governance. But the reality
is very different.
With the largest State of Uttar
Pradesh voting to elect its MLAs,
this is as good an occasion as any to
look at the way our political parties
have treated elections, and how the
social and political philosophies
have been deployed by parties to
woo the voters.
The basic criterion for candidates who wish to contest elections
should certainly be that they have
not fallen fo~f criminal law. That
is why the Supreme Court had as for
back as 2002 in a writ petition filed
by People's Union for Civil Liberties
directed that a proposed candidate
should disclose whether there is a
criminal chargesheet against him at
least six months before the date of
election, so that voters have the
opportunity
to reject criminals
through the ballot. Unfortunately,
. political parties still continue to
D
warmly welcome criminal elements
into their fold.
.
Take an instance: Of the 337
candidates (until the fifth phase of .
polling) for the Assembly election
in Uttar Pradesh, about 32 per cent'
belonging to parties such as the SP,
the BSP, the Congress and the BJP
have serious criminal charges pending against them.
The warning that criminal elements should not be allowed to
become our representatives
in
Parliament arid State Assemblies,
given by the Vice- President at the All
India Whips Conference, has gone
unheeded. The Vice-President had '
said, "Exactly 23 per cent ofMPs elected in 2004 had criminal cases registered against them. Over half of these
cases could lead to imprisonment of
five years or more. The situation is
worse in the case of MLAs:'
Contrast
this with Europe
(though the political standards there
are far from ideal). Recently, the
German President had to resign
because he had threatened a person
who was demanding back a loan
given to the President. In England,
a Cabinet Minister had to quit
because he made his wife take the
blame for rash driving when he himself was driving the car. But in India
we have major political parties resisting moves to frame a law that would
debar persons charged with criminal
offence from contesting elections.
r-;
RAJIHDAR SACHAR
.... .,:
Electiof'l Comn ission of India
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Another grim reality of the
present elections in Punjab and
Uttar Pradesh is the amount of illegal money circulating and the distribution of drugs and liquor, the
dangers of which the Chief Election
Commissioner
has highlighted.
Election expenses are said to have
gone up by three crore rupees to five
crore rupees per seat largely as a
result of such· allurement being
offered by candidates. Can such
custodianship of minorities is on
among the parties. This is an insult
to the minorities. The minorities are
nobodys pawns. They are proud citizens of India. Parties that exploit
them are ignoring the well established code of universal human
rights which proclaims, "In any
country the faith and the confidence
of the minorities in the impartial
and even functioning of the State is
the acid test of being a civilised State.
This is accepted wisdom:'
The real problems overwhelming the electorate are many, and yet
there is a conspiratorial
silence
from all the parties on those issues.
A report by an NGO, Save the
Children, shows that more than 100
million children in our country have
not enough to eat; 24 per cent of
families say their children often go
without food. But we have Ministers
of the Union Government resisting
a move to enact a 'right to food'legislation on the specious plea of lack
of funds, while they find money to
purchase fighter-aircraft for thou. sands of crores of rupees.
This perverse priority is further
heightened by the admission of a
Minister that India accounts for 60
per cent of the open defecations in
the world - the reason being that,
while building toilets requires ~8,OOO
each, as per Government norms only
n,ooo can be provided. Can there
be ariything more ridiculous than
elections be called 'free and fair' in
the real sense?
Then, we have the minorities
being treated as commodities by
various political parties. An unacceptable competition of claiming
this? And yet, no party is talking
about these issues.
In 2009, as many as 17,368 farmers killed themselves. Agricultural
growth, which is the mainstay of the
Indian economy. has remained stagnant for the last decade at 1.6 per cent
and it has now slipped to 0.4 per cent
The Planning COmmissions report of
2011 has admitted to the gross
inequality of assets wherein the top
five per cent of the population possesses 38 per cent of total assets while
the bottom 60 per cent owns a mere
13 per cent.
Despite this dark reality, political parties have rarely spoken about
these issues in their election campaigns. This contempt towards the
electorate can be best described with
a quote from a teenaged blogger,
Sanil: "It is time for the next elections
and his previous promises have not
begun. I am very young child and
today I have learnt that rou can call
politics, corruption too.'
Parties should heed the warning given by BR Ambedkar who, or
November 26, 1949, said, "How long
should we continue to deny equal- ..'
ity in our social and economic life.
We must remove this contradiction
at the earliest possible moment or
else those who suffer from this
inequality will blow at the structure
of political democracy."
(The author is a former Chief
Justice of the Delhi Hi h Court.