One simple way of checking whether elections are fair or not is to look at who conducts the elections. Are they independent of the government? Or can the government or the ruling party influence or pressurise them? Do they have enough powers to be able to conduct free and fair elections? Do they actually use these powers?
The answer to all these questions is quite positive for our country. In our country elections are conducted by an independent and very powerful Election Commission (EC). It enjoys the same kind of independence that the judiciary enjoys. The Chief Election Commissioner (CEC) is appointed by the President of India. But once appointed, the Chief Election Commissioner is not answerable to the President or the government. Even if the ruling party or the government does not like what the Commission does, it is virtually impossible for it to remove the CEC.
Very few election commissions in the world have such wide-ranging powers as the Election Commission of India.
• EC takes decisions on every aspect of conduct and control of elections from the announcement of elections to the declaration of results.
• It implements the Code of Conduct and punishes any candidate or party that violates it.
• During the election period, the EC can order the government to follow some guidelines, to prevent use and misuse of governmental power to enhance its chances to win elections, or to transfer some government officials.
• When on election duty, govern- ment officers work under the con- trol of the EC and not the govern- ment.
In the last 25 years or so, the Election Commission has begun to exercise all its powers and even expand them. It is very common now for the Election Commission to reprimand the government and administration for their lapses. When election officials come to the opinion that polling was not fair in some booths or even an entire constituency, they order a repoll. The ruling parties often do not like what the EC does. But they have to obey. This would not have happened if the EC was not independent and powerful.
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