Friday, December 13, 2024
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Can Supreme Court & Election Commission ensure free & fair election in 2024?

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Elections manipulated since 2018 using unconstitutionally collected money

By Dr Gyan Pathak

The latest Supreme Court judgement declaring ‘Electoral Bond Scheme’ unconstitutional, has established beyond doubt that every election held since implementation of this scheme in 2018 was subject to manipulation by use of unconstitutionally collected money to distort the level playing field for political parties and candidates and to influence the electorate so that elections did not remain free and fair, and PM Narendra Modi was the chief beneficiary.
This is the latest swing in political narrative on the eve of Lok Sabha election 2024, and which seems to be most significant of all the narratives since Karnataka election in May 2023, since the Supreme Court judgement would not only stop the chief beneficiary from getting further undue advantage from the unconstitutional funding of election campaigns, but also would open a pandora’s box of electoral evils resorted to by the ruling party when the list of beneficiaries and the doners would be published by the Election Commission of India on March 13, 2024.
After the publication of the list, people would know which corporate entities gave how much money to the ruling establishment led by PM Narendra Modi, and what benefit his government gave to them in return, and which and how many shell companies were involved in such unconstitutional financing to BJP. It may bring a new twist in the current surcharged political atmosphere.
The Opposition has been alleging for a long time that the Modi government has been extorting money from the Corporates through electoral bonds under the threat of raids by Central investigative agencies including CBI, ED, and Income Tax, due to which opposition political parties have been getting too little corporate funds. Lack of funds financially crippled the Opposition which is to the advantage PM Narendra Modi.
Karnataka election results had given rise to the political narrative that PM Modi’s so-called charisma is on the wane, and even Hindutva campaign was not working which resulted in a humiliating defeat of the BJP which was thrown out of power by the Congress. Rahul Gandhi was already emerging as the chief campaigner after his Bharat Jodo Yatra. The main narrative at that time was a resurgent Congress.
The second narrative followed with the formation of INDIA alliance which took concrete shape in Mumbai conclave on September 1. Congress was in upbeat mood and deferred the seat-sharing arrangement on account of November 2023 state elections. Congress hoped to win all the three Hindi heartland states – Chhattisgarh, Madhya Pradesh, and Rajasthan – but lost. However, the party won Telangana, kicking out ruling BRS from power, and changing the political narrative of South India.
During the November state elections, Hindutva raised its head again and BJP won all the three states of Hindi heartland. It was the real swing in the run-up to 2024 parliamentary election, which has been amplified by the Ram Mandir temple inauguration in Ayodhya on January 22, 2024. RSS-BJP clan termed INDIA alliance as conglomeration of anti-Hindu political forces.
During this period another political narrative was built round Enforcement Directorate and other central investigating agencies. PM Modi labelled INDIA alliance as a pack of corrupts, and vowed that his government would continue to take actions against corrupt leaders. Many important political leaders across the Opposition are under the Central investigating agencies’ radars, many of them have already been arrested, and many are in the line to be arrested before the general election. BJP hopes it would give them advantage in the electoral field, while the opposition cries foul.
The rise of INDIA alliance had changed the political narrative in the beginning but by the end of December 2023, it started revealing troublesome signs of its constituents falling apart. However the INDIA alliance had passed a resolution relating to EVM concerns with a demand that old EVMs should be replaced by new ones that roll out VVPAT, and all of which must be counted to tally the actual votes polled. The resolution had significance, since only in August a research paper by Asoka University professor had found evidence of manipulation of election results in 2019, in which prediction of election outcomes was possible for the constituencies with closer contests. INDIA alliance with Congress as a major party had requested to meet the Election Commission, but Election Commission has not yet given them time, which remains a mystery since the issue pertains to free and fair election.
The narrative of ensuring a free and fair election 2024, had another related concern about amendment of appointment and service condition of Election Commissioners of India. Through the amendment, Modi government has just kept out the Chief Justice of the Supreme Court of India from the appointment process, and given the real power to itself to appoint Election Commissioners. Additionally, two Election Commissioners will not have constitutional protection as the Chief Election Commissioner (CEC).
In a three member Commission, two can dominate the decision, two will be removed at the sweet will of the CEC and the government, and hence the Modi government will have an indirect say in the election process. It should also be noted that our election commissioners have gone in the past to meet PM Narendra Modi, as if working under him. Opposition has always criticised the Election Commission for favouring PM Narendra Modi and BJP while taking stern action even against minor statements of the Opposition leaders during election campaigns and putting hurdles in their way.
The INDIA alliance’s political narrative around social, economic, and political justice, had to suffer due to difference among participating political parties. The desertion of RLD and JD(U) and AAP and TMC going it alone have somewhat weakened their appeal. Demand and promise of caste census was just overturned by Ram Temple inauguration on the eve of the crucial Lok Sabha elections.
To offset caste census narrative of INDIA alliance, PM Modi has resorted to Bharat Ratna politics, which denigrated the very award itself. Earlier, Bharat Ratna was given to those who were the most valued people of the country, but the recent Bharat Ratnas were awarded to those whose names were politically most useful – to the ruling party – to appease farmers, Charan Singh and MS Swaminathan were awarded Bharat Ratnas but farmers remained unhappy, and are on the path of agitation demanding legal guarantee for MSP for all their crops. To offset the caste census and demand for social justice, Bharat Ratna was awarded to Karpoori Thakur, but the reservation issue is likely to form a major narrative during the election campaigns.
The Supreme Court judgement of declaring fund raising through electoral bonds unconstitutional is the most significant of them, since it has direct bearing on the narrative of free and fair polling for Lok Sabha elections 2024. It has to be seen how the Supreme Court and the Election Commission of India ensure free and fair elections, and how frequent swings in the political narratives shape the final electoral outcome. (IPA Service)

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