The framers of the Indian Constitution gave the Election Commission wide powers during elections to ensure that the people always remain stronger than the system. In a democracy, power must rest with the people, not the system itself. If the system starts dominating the people, the democratic process cannot function smoothly. In this context, the Election Commission plays a vital role as one of the key institutions upholding democracy in India, laying the foundation for a government truly run by the people. India is called a democracy because its citizens express their will and choose their leaders through political parties.
After independence, India adopted a parliamentary system of government, where the majority party forms the government but the minority parties also have a role to play. This ensures that no political party, even with a large majority, misuses its power or acts beyond the limits set by the Constitution.
The model of participation in democracy can only be successful through parliamentary democracy, because the people elect both the ruling party and the opposition. In light of all these facts, the role of the Election Commission of India becomes very critical. Therefore, the makers of our Constitution did not make the Election Commission a part of the government, but granted it the status of an independent and autonomous institution. The makers of our Constitution made the Election Commission directly accountable to the people and empowered it to carry out its functions by drawing its powers directly from the Constitution. The Election Commission’s constitutional responsibility was to create uniform conditions for all political parties during elections, ensuring that it does not discriminate between the ruling party and other parties. During elections, the Election Commission is not concerned with which party is in power or which is in opposition; it treats all political parties as equals. According to the Constitution, when elections are held in a state, the governance of that state comes under the control of the Election Commission. While the already established government remains in power, all its ministers become representatives of their political parties. This rule also applies during national elections. If a minister, from a chief minister to a prime minister, campaigns at their party’s expense. Of course, protocols related to their security and other matters are followed, but their status as ministers does not impact the Election Commission.
Elections are currently underway in Bihar, with the first phase of voting taking place on November 6th, and the second and final phase scheduled for November 11th. It is the Election Commission’s responsibility to guarantee the security of ballot boxes and EVM machines from the time of voting until the counting of votes. This guarantee is indirectly granted by the Constitution of India through the Election Commission. However, when receipt slips for VVPAT machines installed in EVM machines from the November 6th election in Bihar are found lying on the streets, the Election Commission is directly responsible. This clearly indicates that the Election Commission has been unable to fulfill its responsibility. The complaints received from Bihar regarding the maintenance of EVM machines suggest that the Election Commission is deeply confused and unable to ensure the security of the machines through its officials. Opposition parties are understandably furious about this situation. Therefore, the Election Commission should immediately clarify this matter, as EVM machines capture the will of the people, known as the mandate, and democracy is governed by the mandate.
We should keep in mind that today is a time of cutting-edge technology, with cameras constantly present to protect the machines. The place where the machines are stored after the election is called a strong room, or Vajraghar, where police guards are maintained 24 hours a day until the vote count is complete. Gone are the days when canisters filled with ballot papers were found abandoned in garbage heaps after the vote count. When mid-term elections were held in Uttar Pradesh in 1974, the late Hemwati Nandan Bahuguna was the Chief Minister of the state.
In these elections, the opposition Congress leader, former Chief Minister Chandrabhanu Gupta, contested the Sarojini Nagar constituency in Lucknow and lost to Indira Gandhi’s new Congress candidate. However, after the results were announced, canisters filled with ballot papers were recovered from an area in Sarojini Nagar. Such incidents had occurred in a few other places in the state, but now it’s the era of CCTV cameras, which capture every activity. In such circumstances, if thousands of VVPAT slips attached to EVM machines are found in an area of the Sarairanjan assembly constituency in Bihar’s Samastipur district, it’s natural to question the Election Commission’s functioning. Thousands of these slips were found in Sheetalpatti village in the area, where children were playing. Upon receiving information, the district collector and police captain arrived at the scene, and the district magistrate suspended two employees. But can this restore the Election Commission’s reputation? JD(U)’s Vijay Chaudhary, considered a close confidante of Chief Minister Nitish Kumar, is contesting from Sarairanjan. On November 6th, over 73 percent voter turnout was recorded in this Sarairanjan constituency. People exercised their right to vote and hoisted the flag of democracy, but will their efforts be wasted by slips found lying on the roadside? This is the real question which the Election Commission has to answer.
