Skip to main content

The Onus is on the Election Commission

By Varun Hari Prasad

India's Lok Sabha election is the largest democratic exercise of its kind in the world. As I write this essay, the polling process has been completed in five phases of the seven phase election to the Lok Sabha. In the course of this election we have seen many instances where the ordinary citizen would have expected the Election Commission to be proactive and take measures that would further increase the confidence of the people in the election process.

In this essay, I will share my thoughts on one such issue.

The change in vote turn out percentage & initial delay

The voter turn-out data for the first two phases of the ongoing General Elections to the Lok Sabha published by Election Commission of India (ECI) on April 30 has been published after 11 days of the first phase of polling held on 19th April and 4 days after second phase of polling held on 26th April. 

On April 19, after the first phase of polling, the ECI issued a Press Note stating that the tentative figure of voter turnout across 21 States/UTs reported was over 60% as of 7 pm. Similarly, after the second phase on April 26, the EC said the turnout was at 60.96%. The data published in the press release dated 30.04.2024 (Phase I voter turnout- 66.14% and Phase II voter turnout - 66.71%) when compared with the initial data of 19.04.2024 and 26.04.2024 respectively shows an increase of 6.14% in the Phase I data and increase of approximately 5.75% in the Phase II data. 

This inordinate delay in the release of final voter turnout data, coupled with the unusually high revision (of over 5%) in the Election Commission of India’s press note of April 30, 2024, and the absence of dis-aggregated constituency-wise figures in absolute numbers, has the potential to raise concerns regarding the correctness of the said data.

Absolute Numbers not Released

In this election, the Election Commission has not released the absolute number of votes polled, as it used to do earlier. During the 2019 Lok Sabha Elections the Election Commission had released total votes polled data by comparing it with the 2014 data. This enabled the common people to get access to properly compiled data showing the number as well as increase and decrease in the voting percentage.

We have also seen that even political parties such as the Indian National Congress, the Communist Party of India (Marxist) and All India Trinamool Congress have also expressed apprehensions over the non-disclosure of the number of votes polled in absolute terms (numbers). 

Without the absolute number of voter turnout data, common people like us cannot compare the number of votes polled with the number of votes counted as announced in the results. Discrepancies, if any, in the no. of votes polled at polling booths and no. of votes counted by EVM can only be assessed when absolute numbers for each constituency are released by the Election Commission.

Free and Fair Elections as Basic Structure 

The Supreme Court of India in the Kihoto Hollohon v. Zachilhu and Ors., AIR 1993 SC 412 and in the Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1 has held that free and fair elections are a part of the basic structure of the Constitution. This was re-affirmed by the Hon’ble Supreme Court in the Kuldeep Kumar v. U.T Chandigarh & Others, 2024. Elections are the core of democracy. Therefore, it is the responsibility of the Election Commission to address these apprehensions and put it to rest.

The Way Ahead 

    Rule 49S of the Conduct of Election Rules, 1961, provide that presiding officer is to prepare an account of votes recorded in form 17C (Part I). It is as follows: 

      Rule 49S.Account of votes recorded. —

     (1) The presiding officer shall at the close of the poll prepare an account of votes recorded in Form 17C and enclose it in a separate cover with the words ‘Account of Votes Recorded’ superscribed thereon.

(2) The presiding officer shall furnish to every polling agent present at the close of the poll a true copy of the entries made in Form 17C after obtaining a receipt from the said polling agent therefor and shall attest it as a true copy.

The press release of the ECI dated 19.4.2024 regarding the voter turnout as of 7 pm during Phase I states that the final figures of voter turnout are available with the ECI by the next day. The relevant part of the press release is as follows:

“Tentative figure of voter turnout across 21 States/UTs reported is over 60% at 7 PM. State wise figures are placed at Annexure A. The voting percentage is likely to go upwards when reports from all polling stations are obtained as polling is scheduled till 6 PM in many Constituencies. Also, voters reaching the Polling stations till the end of polling hour are allowed to cast their vote. Final figures will be known tomorrow after the scrutiny of form 17A.” [Emphasis supplied]

I am aware that the matter is before the Supreme Court but it would have been great if the Election Commission takes the decision to:

i.   Upload on its website scanned copies of Form 17C Part-I (Account of Votes Recorded) of all polling stations after close of polling of each phase in the on-going 2024 Lok Sabha elections.

ii. Provide tabulated constituency-wise data in absolute figures of the number of votes polled as recorded in Form 17C Part- I after each phase of polling in the on-going 2024 Lok Sabha elections.

Our Lok Sabha elections are known as one of the biggest democratic exercises of its kind in the world. While conducting such exercises, we believe & urge the Election Commission to take every possible step to increase the confidence of the common man in the electoral process.

Comments

Post a Comment

Popular posts from this blog

THE SABARIMALA JUDGEMENT: PROGRESSIVE OR OVER-BOARD? (Part 2)

By Varun Hari Prasad
  In the earlier part , I had provided a brief background to the case that was before the Court, the issues/questions that were placed before the Constitution Bench for its consideration, and the Judgement delivered by the Bench. In this part, let us explore those four questions and a few other aspects of the Judgement. Maintainability   Students of Law who are reading this blog might laugh at this point: how could maintainability be taken seriously in a PIL? Justice Indu Malhotra answers this question in her dissenting judgement:   (P. 7.2) “ The right to move the Supreme Court under Article 32 for violation of Fundamental Rights, must be based on a pleading that the Petitioners’ personal rights to worship in this Temple have been violated. The Petitioners do not claim to be devotees of the Sabarimala Temple where Lord Ayyappa is believed to have manifested himself as a ‘Naishtik Brahmachari’. To determine the validity of long-standing religious customs and usages ...
Post a Comment
Read more

THE SABARIMALA JUDGEMENT: PROGRESSIVE OR OVER-BOARD? (Part 1)

By Varun Hari Prasad
  On 28 September 2018, a five judge Constitution Bench of the Supreme Court lifted the ban on entry of women between the age group of 10 to 50 years into the Sabarimala Temple in a 4:1 majority decision. While many have welcomed and celebrated the verdict, it has given rise to spontaneous protests across Kerala, some of which are being led by women themselves. This judgement is very important as it will be quoted extensively in other cases that are already before the Court or in ones that would come up before the Court in future. Therefore, it is important to examine this question: Was the judgement progressive or did the judges go over-board? The Background The case started with a Public Interest Litigation (PIL) filed in the Supreme Court by a registered association called Indian Young Lawyers Association. In their petition they challenged the Constitutional validity of Rule 3(b) of the Kerala Hindu Places of Public Worship (Authorisation of Entry) Rules, 1965, which restr...
Post a Comment
Read more

THE STATE OF EDUCATION IN INDIA [PART 2]

By Varun Hari Prasad
Last week, I had written about the cracks in our education policy. In this blog I wish to look at the possible policy actions that can plug these loopholes. Access The number of students enrolled in primary and secondary school is way below global average. Therefore the focus of the policy makers must be on increasing the Gross Enrolment Ratio (GER). The Right to Education Act, 2009 has done a great deal in making enrolment in primary schools nearly universal. The trends noticed thereafter suggest that the children tend to drop out when they reach high school. Therefore the best policy approach, atleast for the foreseeable future, would be to amend the Right to Education Act and expand its scope upto Class 12. A rights/entitlement based approach is the best way forward for now. Quality To enhance quality we have already embraced e-learning, however it is a well-known fact that internet penetration in our country is very low. To enhance the use of ICT in schools, the go...
Post a Comment
Read more

Agenda 2019: NYAY for Jammu & Kashmir

By Varun Hari Prasad
Four phases of the world’s biggest democratic exercise – elections to the 17 th Lok Sabha – have been completed. The ruling Bharatiya Janata Party led by Mr Narendra Modi are extensively banking on the National Security plank to get back to power for one more term. Mr Modi has been saying since the first day of campaign that he has used an ‘Iron Fist’ in dealing with Pakistan. He refers to the surgical strikes done by the Indian Air Force in Balakot as an example of his tough policy. Despite bringing National Security issues to the fore, he refuses to speak about one of the biggest security challenges: Jammu and Kashmir. In my previous essays: ‘ Pulwama Attack: Time to Raise a Few Questions & Explore the Reasons ’ and ‘ The Turmoil In India’s Paradise ’, I have written in detail about the current Government’s policy with respect to Pakistan and Jammu and Kashmir. In this essay I wish to share what I feel the new Government must do with regard to J&K. The Two Aspects...
Post a Comment
Read more

'One Nation One Election': Feasibility and Impact on Democracy

By Varun Hari Prasad
I write this essay in the backdrop of the High Level Committee (HLC) on One Nation One Election submitting its report to the President of India on 14 March 2024. At the very outset, it seems like as if the Union Government had made up its mind on what the outcome of HLC would be at the time of Constituting the HLC itself. To substantiate this, I would like to draw attention to the Gazette Notification issued on 02 September 2023. The Gazette Notification itself has concluded that “ elections are held almost every year and within a year too at different times, which result in massive expenditure by the Government and other stakeholders, diversion of security forces and other electoral officers engaged in such elections from their primary duties for significantly prolonged periods, disruption in developmental work on account of prolonged application of Model Code of Conduct, etc.; ”.   Therefore, I firmly believe that the HLC could not attempt a dispassionate analysis of the pros a...
2 comments
Read more

MODI-FICATION OF JAMMU AND KASHMIR: MASTERSTROKE OR MISADVENTURE?

By Varun Hari Prasad
On 5 August 2019, Home Minister Amit Shah announced in the Rajya Sabha that a Presidential Order would be issued to abrogate Article 370 of the Constitution of India, which provides special status to the state of Jammu and Kashmir. He further said that Jammu and Kashmir would be bifurcated into two Union Territories: UT of Jammu & Kashmir (with legislature) and UT of Ladak (without legislature). A resolution to this effect was passed by the Rajya Sabha on the same day. The Build-up Ahead of this announcement, the Union Government sent additional troops to the state to ‘maintain peace and order’ in wake of an ‘intelligence input’. They went to the extent of taking an unprecedented decision of suddenly cancelling the Amarnath Yatra. Mainstream political leaders like former Chief Ministers Omar Abdullah and Mehbooba Mufti were placed under house arrest, communication services were withdrawn and curfew was imposed (it continues even now). What is Article 370? Article...
Post a Comment
Read more

Pulwama Attack: Time to Raise a Few Questions & Explore the Reasons

By Varun Hari Prasad
On 14 February, in one of the worst attacks on security forces in Jammu and Kashmir, a suicide bomber of the Jaish-e-Mohammed (JeM) rammed a car full of explosives into a CRPF convoy killing over 40 personnel. The attack sent shockwaves across the country and people transcended all barriers to stand in solidarity with the security forces. In a rare sight, all political parties pledged support to the Government in any retaliatory action it would initiate. At a time when almost everyone had refrained from politicising the martyrdom of our soldiers, the ruling establishment at the Centre left no stone unturned to score brownie points. From Amit Shah to Sakshi Maharaj, the intention was clear, to stroke sentiments ahead of general elections. But now, I think it is time to shed restraint and ask a few questions. Intelligence Failure It is now known that the Jaish-e-Mohammed had issued a video threat 48 hours before the Pulwama attack. Why did the Government ignore that threat?...
Post a Comment
Read more

Bankruptcy of Ideas and Betrayal of Hope

By Varun Hari Prasad
Yesterday the Finance Minister Nirmala Sitharaman presented the Union Budget for 2025-26. It was her 8 th consecutive Budget and was presented amongst great expectations from the people. It was hoped that the NDA Government led by the Hon’ble Prime Minister Narendra Modi would come up with some concrete policies to help the country emerge from the current challenges it faces. The Economic Context The Union Budget was being presented at the backdrop of acute unemployment, rising inflation, rural distress, decline in manufacturing, stagnant incomes and declining savings. Data from the Centre for Monitoring Indian Economy (CMIE) shows that in 2022-23, youth unemployment was at 45.4% 1 . A study of the International Labour Organisation notes that graduates had an unemployment rate of 29.1% 2 . The Labour Force Participation Rate in rural areas increased from 24.6% in 2017-18 to 47.6% in 2023-24. While the increase in LFPR is good, we must not ignore that more women participation in ru...
1 comment
Read more

THE TURMOIL IN INDIA’S PARADISE

By Varun Hari Prasad
Having been to the wonderful state of Jammu & Kashmir (J&K) and seen its people, I am extremely saddened by the way in which things are shaping up in the paradise of India. Since July 2016, J&K has been simmering with anger and exasperation. This has not happened overnight, the lava was slowly but steadily building up and Burhan Wani’s encounter just provided the trigger. Despite the fact that one of our state is in turmoil for nearly two years now, we as citizens, as a Nation, do not seem to have sensed the gravity of the matter. Unfortunately, even the Government of India doesn’t seem to have comprehended the situation. Day in and Day out we watch people shouting on prime time TV shows that J&K is an integral part of India, we heard the Prime Minister roar in the Parliament by making an hypothetical reference to J&K earlier this year; Ofcourse Jammu & Kashmir is an integral part of India! But are we as a Nation, as a society, awake and aware of the pain...
Post a Comment
Read more

THE POLITICS OF TRIPLE TALAQ

By Varun Hari Prasad
Yesterday (i.e. 19 September), the Union Cabinet cleared the Muslim Women (Protection of Rights of Marriage) Ordinance 2018 which criminalises instant triple talaq. The ordinance was subsequently signed by the President. This Ordinance is a farce, a violation of certain principles of jurisprudence and most importantly it sets a dangerous precedent in legislation process. Let us look at each of these issues in detail. The Ordinance route The power to promulgate an Ordinance is an extraordinary power vested with the executive. Through the instrument of Ordinances, the government can make laws to meet urgent needs during a time when Parliament is not in session. However, such Ordinances have to be approved by Parliament within six weeks of the next session of the Parliament. On 23 July 2017, then President Shri Pranab Mukherjee, while addressing the Parliament made an observation regarding Ordinances which is as follows: “I am firm in the opinion that the Ordinance rout...
Post a Comment
Read more