Learning Democracy from India – 2

Election commission enforces rule of Law to avoid Egypt, Libya …

Dr.E.M.Sudarsana Natchiappan.MP

Indian constitution is vibrant and growing every day  in maintaining the checks and balances . The institutions created by  Constitution are Parliament, Executive and Judiciary.They  are occupied by persons reflecting the people’s will. When any of the Institution exceeds it’s limits  the other signals the violations  and remedy the infringement.This is the greatness of the Constitution and the People of India .

Election commission:

Election commission is a constitutional body. It gets inspiration and direction from the Legislation by Parliament.  The constitution of the Election commission is done as per the guidelines laid down by the judiciary by the President of India on the advise of Executive represented by the Prime Minister of India . State Election commission are constituted by the Election Commission of India. When the election process started the personnel are drawn from various level of executive on ad-hoc basis and the enforcement of Representative Peoples  Act is done with the co operation and co ordination of Executive.

Strange synchronisation of wings of Executive:

It is a matter of discussion on the working of the Election commission while conducting the Election using the personnel from different wings of executive.  It is an wonder how the officials working under a particular political Government run  by the political party or alliance parties to become unbiased and bipartisan for 90 days. There were suggestions that in that period there should be spell of Presidents rule to make it unbiased and bipartisan election. Constitutionally  States can be without cabinet but the Union government can not be run with out cabinet. Here comes the strange synchronisation of government officials worked under the political masters by making the rule of law flexible for the past 5 years suddenly under the Election commission acting as rigid law enforcercan happen by better judgement of the State Election Commission.

Step by step approach by Election Commission :

First step the State Election Commission takes in every election is
identify the the grey area and the individual officials personal
loyalty to the Governing political party. Then ask the executive to
transfer  the official who worked in the same place and  in the same post for more than three years or more.

Next step to warming up the machinery by transferring the  highest official which  sends the shocking  waves to subordinate officials to be a employee as Constitution of India expects. This period also makes the executive to be sensitive  and vibrant. This approach makes the executive to revitalise itself showing good governance meaning people centric and independent .When the system starts to work natural acceptance by the people and stack holders will automatically strengthen the  working of the election commission as an organic structure . During the course of election naturally there will be new grey areas which will be identified. The Election Commission has developed itself to address such eventualities by ordering or directing the concerned authorities to take disciplinary proceedings effectively.Further the Election commission trained the officials to take criminal proceedings in relevant cases under Representative Peoples Act ,Indian penal code and criminal procedure  code or any relevant provisions of law against erring political party, people or officials.

State specific actions:

Election commission is applying certain innovative practices for the benefit  of voters and better election management in the elections to the five. State/ UT . These best practices were successfully implemented by district election authorities in various elections held recently .Commission has decide to apply innovative practices viz GIS mapping in election management, on- line payment to polling staff, security management and voters education and awareness creation in different states during these elections. In certain States, law and order is the main issue to be tackled. In some other State terrorism and armed attack  are being the problems identified. Accordingly paramilitary forces are brought in to withstand such attack and create confidence to the voters to come out of their home and fearlessly vote and discharge the democratic duty to elect his or her representative. Some States were highlighted  that the electioneering become “terrifying richness and festivity” which can not be afforded by ordinary person as candidate or belonging to a Party. It had developed in the course of  some years  into PPP (power of ruling party ,power  of muscle,and  power of money and material) . It could   overcome majority of voting  as powerless. More  so minority voters can convert the election as majority votes and vice versa. This is properly and scientifically nurtured and developed through co operative election , Panchayat election , Assembly election , Parliament election ,and Chief Minister Election . It is nothing but reflection of cancerous growth in Governance parallal to Egypt, Libyaand other Afro-Asian countries.

India is an advanced democracy in the world:

It is the largest country in the world having 730,887,511  voters
electing their own choice of government with lowest expenditure for a country in comparison with the world data. 15 times the successful
change of government in 60 years had happened. More number of times every State governments were elected for change according to the specific State. The voters have consistently proved their elective
knowledge. The voter has no other qualification to be registered voterexcept to cross the age 18 years. There is no educational
qualification or  passing of any test to prove his or her capacity to
enforce his or her francise.The individual voter has the liberty to
exercise his right  free and fair. But PPP is applied mean he or she
can not exercise his or her  right  independently.

CANCEROUS GROWTH DANGEROUS TO DEMOCRACY:

This habit of PPP will eat away the vitals of democracy. Even in advanced democracy like USA the lections are very costly , mechanical, unemotional and directed for a few people to capture poser. President Obama made the election as emotional peoples power for change. But many of corporate bodies wait for their turn to derail the democracy as sham and nominal. But India has become an wonder of the world of democracy because of poor man can be elected if he does service to the people. People watch him whether he eats the pudding of the people when he cooks. If he violates the wish and confidence of the people he or she will not get the choice of the people. If this dictum is not allowed by utilising the PPP principle only rich man or corrupt politician will come to power and there will be another Egypt or Lybia.

Election Commission does the Constitutional mandate:

Election commission has realised the cancerous growth creeping into
the system.  As specialised surgeon it does the surgery by “isolation
and removal” procedure to save the democracy . People who want to have Indian democracy to be alive should join in this effort of the
thousands of officials , Police officers/personnel,  to succeed in
this venture for which lakhs of people lost their precious life and
property in freedom struggle.

Dr.E.M.Sudarsana Natchiappan MP

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About Dr. E.M. Sudarsana Natchiappan MA ML( USA) Ph D

Dr. E.M. Sudarsana Natchiappan, was a Member of Parliment - Lok Sabha one term and two terms Rajya Sabha and Union Minister of State for Commerce and Industy, New Delhi Sr.Lawyer ,Supreme court of India, NewDelhi, India. President, Indian society of International Law, New Delhi Founder of 21st century International School, Sivagangai Tamil Nadu. Author of books WTO and India, RTI and others
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