SUNDAY SENTIMENT
Sheila appointment as Governor
EC privy to violation of Code of Conduct
The Election Commission (EC) of India is a
constitutional institution and Article 324 of the Constitution vests in it the
power of "Superintendence, direction and control of elections in India,
which include election of the President, Vice-President, the two houses of
Parliament (Lok Sabha and Rajya Sabha) and the legislative assemblies (and of
legislative councils where they exist) in States. It is the duty of the EC to
ensure a free, fair, impartial and peaceful election in the country.
For achieving this objective, the EC has framed a
Model Code of Conduct (MCoC) for
Political Parties to ensure that every candidate and political party, including
that in government, fights the election from the same pedestal with no
individual or group enjoying a position of advantage or disadvantage.
Therefore, it is the usual practice that the time
the EC announces the schedule of elections to Parliament, State assemblies,
by-elections to vacant seats in Parliament or State assemblies, the MCoC comes
into force from that very moment. Consequently, government is prohibited from
making any policy statements, promising new schemes and projects, and other
activities which are likely to influence the mind of the voters. During this
period the governments are barred from making any fresh
recruitment/appointments, from issuing appointment letters to individuals even
when the Union or State Public Service Commissions have made their selections
and sent their recommendations for issue of appointment letters to such
persons. Appointments/promotions
finalized, orders issued but not yet implemented get held in abeyance till the
election process as decided by the EC is completed.
Even routine matters like issue of ration cards,
driving licences, arms licences, telephone, water and power connections comes
to a standstill even if perfectly under the laws and the rules.
On March 4, 2005 invitations were issued to the
media for a special Press Conference to be addressed by the full Election
Commission for announcing the election schedule for Parliament (Lok Sabha) and three
legislative assemblies of Odisha, Andhra Pradesh and Sikkim, besides
by-elections to vacant seats in different State assemblies. The electronic
channels started highlighting the fact that the EC is going to announce the
election schedule next day. To browbeat the enforcement of MCoC the next day, the
Manmohan Singh government on March 4 evening approved the appointment of Mrs.
Sheila Dikshit, a former Delhi Chief Minister defeated in recent assembly elections,
as the Governor of Kerala.
Fingers can be raised on the ethics and morality
of making such an important appointment having political repercussions on the
eve of elections when Kerala is going to polls for Parliament and when a day
after this government was to cease power to take such decisions. In a similar
situation if a State government made transfers of its district magistrates,
deputy commissioners, superintendents of police, etc. hackles would have been
raised by various political parties. Even EC would have sought explanation from
the concerned State to justify these transfers. But, surprisingly, EC preferred
to take this vital decision as a matter of no consequence.
All government appointments even when made on the
strength of merit — and not as a measure of favour on political considerations
— based on a competitive examination by Union of State Public Service
Commissions are held in abeyance when the MCoC gets in position. On the same
analogy the appointment of Mrs. Sheila Dikshit too should have been kept on
hold and she should not have been allowed to take oath on March 11, six days
after the MCoC having come into force.
There is nothing in the media to show that the
Government of India sought the permission of the EC to let Mrs. Dikshit take
over in view of the MCoC and the same was granted. Some may take the plea that
the Dikshit appointment has been made by the President. It should be kept in
mind that all appointments and transfers in the Government of India are made in
the name of the President. There is nothing exceptional in the appointment of
Mrs. Dikshit except that it is political in nature. Can politics be allowed to
have a free play during the time of elections?
At noon on March 10, this writer faxed a request
to the Chief Election Commissioner to intervene and withhold the swearing-in of
Mrs. Sheila Dikshit as Governor Kerala. Manmohan Singh Government and Mrs.
Dikshit are thus both guilty of violating the Model Code of Conduct. The EC suo
motto had been taking cognizance of such blatant violations. But in this case
it shut its eyes to the reality. Does it not amount to double standards? ***
