In retrospect, was the Election Commission ban on exit polls justified?
In retrospect, was the Election Commission ban on exit polls justified?
We'd only issued guidelines in '98 and we maintained these in '99. When they were defied, we sought legal support but it was not forthcoming. We've said that after the elections, a calm and cool debate will be necessary. We see that a vigorous debate is already on. I love the daily cartoons on the subject. This is also a topic of debate in other democracies. New Zealand made opinion polls an offence in '93. In the US, an exit poll on the east coast is not allowed to be revealed until the last vote is cast on the west coast.
I got a call from Madhu Dandavate. He said that if after each round of polling the exit poll is going to give whatever is purported to be the actual result, then why should the EC not do the actual counting and let out the truth? It's for the country to decide. I'm quite at ease. There was a cartoon which had the Supreme Court hitting me on my turban with a mallet, but see the bewilderment now.
You haven't been able to control rigging and booth-capturing...
I would hold that it isn't widespread, but I am worried about such efforts here and there and their tendencies to spread.
Generally speaking, transfer of guilt and responsibility is a typical Indian trait, in elections as in everything else. It's up to so-and-so to do this...for isn't so-and-so the great thanedaar (policeman)? Well, before me, you saw a thanedaar. I refuse to be one. This reliance on thanedaari is only transferred guilt and responsibility, which Indians love in all aspects of their lives.
All states want central police, and more and more of it. Even Goa and Pondicherry do. First, it has to be sent by the home ministry. Then, the forces need a minimum of a week for travel, rest and deployment after all, they're going from Punjab to Kerala and elsewhere. This is the reason for staggered polls, five days of voting over a month. Over the last few years, we've taken more burden on ourselves... We've struggled to have more police more effectively deployed. This time, we issued a circular that the election officers be given a more effective role in the deployment of the police.
You might recall I've asked for a neutral situation in a state during assembly elections. When one party is in power in the state and is also the candidate to return, you would be god if you do not try and use a bit of the power of your chair.
Does the increasing use of money in elections bother you?
Money power is a worry. The law itself Section 77 of the Representation of People Act (rpa) puts a limit on a candidate's expenditure. It's Rs 15 lakh now but even when it was Rs 5 lakh, they used to file accounts for less. But there is a proviso whereby friends and party can spend unlimited amounts.
Money hurts the essence of democracy even in rich countries. In the US, we've seen presidential hopefuls limited to a few who can raise millions of dollars. In our country, it's more worrying. The spirit of democracy requires a lowering of expenditure. We've made efforts but we haven't succeeded totally... In the darkness of the night, what is given to whom, or in a remote village if someone invites someone to his haveli for a drink, how do we know? We are not bhagwan or big brother. So the larger issue remains. We have said and the Supreme Court has said that the proviso on unlimited party expenditure should be eliminated. Read the Indrajit Gupta Committee report. Interestingly, the small parties wanted the proviso removed, but the two big parties said leave it be.
Do you think parties have adhered to a code of conduct?
I think they have. In a large country with contentious elections, some infractions are bound to take place. We exert ourselves to keep reasonable control. But I also see that where in power, parties do not want any code of conduct restraints. Where they are not in power, they want it applied strongly. These are double standards.
You asked about campaigning. It's disappointing that it is too personalised and lot of it is fluff. There's not enough humour in the campaign of these gentlemen and ladies. There's a lot of angry rhetoric. What is the use of that? The point you can make with humour goes far beyond. Humour is not when you're trying to cut someone; it should be tongue-in-cheek, not hurt anyone and yet make a political point. But yes, the code of conduct has been broadly adhered to by most parties.
One thing worries me. I find for the first time this year that the EC and individuals in it have been targeted. The individuals will survive but the impact on the EC as an institution is worrying. Those involved in elections not just politicians are beginning to chip away at this institution. It's my observation that in 50 years what's hurt us most is the chipping away and the knocking down of institutions. I'm quite clear about it. I've had six years of experience here, so I'm not saying this lightly.
Do you think you've checked criminalisation in the election process?
A little bit. We have to carry out the law as given in section 8A of the rpa and we've applied it firmly. We insist candidates file an affidavit [clarifying whether he has ever been convicted for an offence specified under the rpa. Details of chargesheets or pending cases are not asked for as they do not invite disqualification] which we design and that in itself puts every party and candidate on the defensive. Last election, we did a lot of propaganda. I said the question is not merely to have non-criminals. But out of 100 crore Indians and 60 crore voters, does any party have difficulty in finding 540 ideal men and women? If they do, they can come to us.
Seriously, I say that Section 8A should be made tougher, simpler to implement and more draconian which only Parliament can do. The 12th Lok Sabha promised reforms, instituted none. I hope the 13th will be more lucky.
Poll-related violence has claimed a lot of lives...
Since '96, violence has diminished. The death figures of '91, '96 and '98 are 272, 213 and 65. This time, if you look at it dispassionately, there's been no violence from Punjab down the west coast and in south India. Even in Andhra Pradesh, which has a reputation for gadbad (problems). The bomb culture in those regions is known. There was a big bomb blast in a minister's house and four people were killed. But we came down firmly on that. And the fact is that the election has gone off totally peacefully. So has it in Madhya Pradesh, including the Naxalite area. Uttar Pradesh too has gone off peacefully but nobody is willing to take note. Good news, I'm sorry to say, is no news.
Yes, in Bihar on September 18, people were killed but everyone has agreed that it was all because of landmines on the roads leading to polling areas. Vehicles were blown up by the pwg and mcc and others, who had given a public warning. It stemmed from their ideological viewpoint and unhappiness with the lack of social justice and social engineering in Bihar. So let the cpi(ml) (People's War) and upper caste groups supporting whichever political party answer you on that.
If not a thanedaar, you have been a rather colourful cec. What's the post-retirement plan?
I'm not colourful, my distinguished predecessor was. I told him when he retired that I'm going to miss him because the colour has gone out of the EC meetings. You'll never know the real relationship of Gill, Seshan and gvg (Krishnamurthy) until I write the book. I made him laugh and we had some fun times together. Life will go on after the EC. It hasn't stopped for Seshan or gvg.
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