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Wednesday, Mar 24, 2004

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Columns - Offhand


Apathetic voters

B. S. Raghavan

THE alienation of voters from the electoral process is common to all democracies. A recent report from the US, where the presidential election is nine months away, says that Americans feel "disconnected" from government and ignored by the politicians, with half of the electorate saying they have no impact on the political class. People are said to be really unhappy about their role, or lack of it, in the democratic process.

Citizens' groups in India are having a hard time trying to enthuse voters determined not to exercise their right of franchise. The response of the apathetic voters is the same: "There is really no choice since they are all scoundrels. I really have no time for this farce."

There are many who are willing to listen provided the electronic voting machine has a button "None of the above" to indicate their summary rejection of all the candidates standing in their constituencies.

In fact, sensing the widespread and persistent nature of the demand, the Election Commission had formally written to the Government to authorise it to provide for this option, but to no avail.

The Election Commission could very well have acted on its own without making any reference to the Government. The Supreme Court, in a landmark judgment in Mohinder Singh v Election Commissioners and Others had pointed to the vast reservoir of powers at the Commission's disposal to act in contingencies not covered by the Constitution and the laws and said:

"...The framers of the Constitution took care leaving scope for exercise of residuary powers by the Commission in its own right as a creature of the Constitution in the infinite variety of situations that may emerge from time to time in such a large democracy as ours. Every contingency could not be foreseen or anticipated with precision.

That is why there is no hedging in Article 324. The Commission may be required to cope with some situation which may not be provided for in the enacted laws and the rules.

Where these are absent and yet a situation has to be tackled, the CEC has not to fold his hands and pray to God for divine inspiration to enable him to exercise his functions and to perform his duties or to look to any external authority for the grant of powers to deal with the situation..." (emphasis supplied)

Thus, in the ultimate analysis, a Commission is as a Commission does. It has a duty to tone up the electoral process and cleanse the political system.

It should draw freely from the grand armoury of almost unlimited power it already possesses under the Constitution to carry out its tasks assertively and independently.

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