Press Releases Archive

Letter to CEC on "Parties' Irresponsible Poll Promises" - Sent in 2008

8th May 2008
Hyderabad

To
Sri N Gopalaswami, IAS
Chief Election Commissioner
Election Commission of India
Nirvachan Sadan, Ashoka Road
New Delhi.

Sub: Mainstream parties’ irresponsible poll promises – corrupt electoral practice – reg.

Dear Sri Gopalaswami ji,

I would like to bring to your attention certain inducements offered to voters by major political parties in Karnataka Assembly elections, which clearly constitute corrupt electoral practices.

True electoral politics is about legitimate and productive public policy contention between various political parties. Articulation of policy stances by parties and their candidates generally takes place in the form of poll promises (typically, compiled in the form of a ‘manifesto’) made before the elections. It is the right and indeed the solemn duty of every political party to put forth its views on critical issues, and thereby offer alternatives to the electorate. Over the decades, The Election Commission has been doing an admirable job of encouraging such legitimate political discourse and public policy contention during elections between various political parties.

Political parties are completely justified in promising state-sponsored subsidies, benefits and packages that could reduce public suffering, help fulfill potential or support the weak and the vulnerable. For instance, promising subsidized rice to the truly poor and the hungry, state-sponsored homes to the homeless and the destitute or subsidized electricity to the already-indebted farmers are all legitimate poll promises made from time to time by political parties. The specific merits and wisdom of these policies and programmes are always a matter of debate and contention, as indeed they should be. But we have to respect the legitimacy of such policies and promises as part of electioneering.

However, the mainstream political parties are increasingly adopting the path of making unethical and irresponsible poll promises. In respect of the forthcoming elections to the Karnataka State legislature, the print and electronic media have widely reported the Congress (I) party’s manifesto containing the poll promise of distributing free colour television (TV) sets to the voters. Such a reckless and irresponsible electoral promise has crossed all bounds of acceptable political campaigning. Distribution of free colour TVs with public resources cannot be regarded as legitimate public policy by any standard. In no way can it be justified as being in the cause of the larger public interest, or in furtherance of social welfare or support to the poor and underprivileged. With this promise, the Rubicon has been crossed in Indian electioneering.

Such a brazen inducement was earlier resorted to by the DMK in Tamil Nadu in the 2006 Assembly election. Sadly, the Election Commission was silent on that occasion, and now a major national party is emboldened to repeat such a promise.

Such rash and unethical poll promises are nothing but brazen attempts by the candidates and their parties to bribe the voters - collectively, by offering direct inducements. Such poll promises act as an undue influence on the electoral choice of the voters. Therefore, they are nothing but corrupt electoral practices, under Section 123(1)(A) of the Representation of People Act (1951). In no way can such corrupt electoral promises be claimed to be in pursuit of legitimate public policy or an attempt to exercise a legal right. Such blandishments and inducements to woo the electorate with public money are an undisguised attempt to indulge in corrupt and unacceptable electoral practices. These promises do not in any way fall within the constitutional obligations of the state. Therefore, such electoral promises do not fall under the category of exceptions under Section 123(2)(b) of the RP Act, 1951.

If such corrupt and unethical electoral tactics go unchecked, elections will certainly be reduced to a public auction, where votes are bought by the highest bidder. In future elections, parties could well come up with more disingenuous and unethical promises. A party may offer free motor cycles, another will promise refrigerators to all, and a third will give motor cars. Given the current trend, it is not too unthinkable that in the near future, a party would promise a hundred bottles of liquor to each family every year – completely at government’s expense! Already, the tactic of promising free colour TVs that originated in Tamil Nadu has now been adopted in Karnataka.

These developments go beyond mere electoral populism and portend danger to our democracy: mainstream political parties in their unbridled lust for power are indulging in corrupt and unethical practices at public expense and are ready to sacrifice the long-term interests of the poor and imperatives of nation building at the altar of short-term vote-maximization. So far, vote buying through money and liquor has been ubiquitous in the country. Illegitimate expenditure for such corrupt electoral practices is astronomical. In Andhra Pradesh, it is widely believed that such illegitimate expenses exceed Rs. 5 crore per Assembly Constituency for every candidate of a major traditional party. This cannot be easily controlled for want of legally admissible proof. But promise of distribution of colour TVs at public expense by a party seeking office is a brazen, public, provable corrupt electoral practice. If it is not checked by the Commission, there can be even more brazen and egregious promises of, say distribution of free liquor to every family as a part of government programme.

Free-and-fair elections form the bedrock of our democracy. And the Election Commission is vested with the Constitutional mandate of superintendence, direction and control over the entire process of the conduct of these elections. Therefore, the Commission needs to decisively intervene to stop corrupt electoral practices. We urge the Commission to act immediately and decisively in this case to discipline the errant party/parties and to check such blatant inducements and corrupt electoral practices. Otherwise public office may well become the preserve of the highest and most shameless bidder.

In view of the vital public importance of the issue, I am releasing this letter to the general public to facilitate wider debate.

With warm personal regards,

Sincerely yours,

Sd/-

Jayaprakash Narayan
President

Copy to:

1. Sri Navin B Chawla, Election Commissioner
2. Dr SY Quraishi, Election Commissioner
3. Sri R Bhattacharya, Deputy Election Commissioner

Friday, July 5, 2013 - 19:44

Lok Satta welcomes SC directive to curb offer of freebies to voters

The Lok Satta Party today welcomed the Supreme Court verdict that promises of freebies by political parties shake the roots of free and fair polls and its directive to the Election Commission to take steps for curbing the practice.

In a media statement, State Lok Satta Party President Katari Srinivasa Rao said that promising freebies which have nothing to do with eradication of poverty or provision of equal growth opportunities to all solely with a view to garnering votes has become the bane of our present day politics.

Political parties can legitimately promise subsidized rice to the hungry, homes to the homeless and subsidized power to indebted farmers. But promising free TVs, grinders and mixers and gold necklaces constitutes an unethical inducement to voters.

Mr. Srinivasa Rao recalled that Lok Satta Party national President Dr. Jayaprakash Narayan had written to the Election Commission on May 8, 2008 and March 12, 2009 on the need to rein in political parties from making promises in contravention of the Constitution and public interest. Dr. JP pointed out that with the Election Commission keeping quiet over DMK’s promise of free TVs in its 2006 election manifesto, the Congress was emboldened to repeat it in the 2008 Assembly elections in Karnataka. Emulating them, the TDP made a similar promise in the 2009 Assembly and Lok Sabha elections.

Mr. Srinivasa Rao said that if offer of freebies is not regulated, political parties in the days to come may offer even free supply of certain number of liquor bottles to every voter.

The Supreme Court observed that promises of freebies in a manifesto do not amount to corrupt practices under the present law. Since such promises disturb the level playing field among players contesting the polls and vitiate the election process, the court directed the Election Commission to frame guidelines for regulating contents of manifestos and suggested that separate legislation should be made on the issue.

Mr. Srinivasa Rao said that the Election Commission has the power and the duty to intervene under Article 324 of the Constitution to regulate unethical poll promises unrelated to Government’s constitutional responsibilities.

Friday, July 5, 2013 - 17:45

Ordinance on food security unwarranted: Dr.JP

Lok Satta Party national President Dr. Jayaprakash Narayan today deplored the Union Cabinet’s decision to rush through the Food Security Bill through an ordinance.

Dr. JP pointed out that the Food Security Bill is equivalent to a money Bill as it commits the Government to a vast expenditure year after year. It cannot, therefore, be pushed through an ordinance without a thorough debate in Parliament.

In a media statement, Dr. JP said that a Government should resort to an ordinance if the matter is urgent and the legislature cannot meet in the near future. The Food Security Bill warrants a thorough discussion since it involves issues of far reaching importance. For instance, tt cannot be enforced without bringing the States on board.

The Government is resorting to the patently undemocratic method for short-term, opportunistic political gains. The game of one-upmanship will erode the credibility and legitimacy of the Government, Dr. JP warned.

Dr. JP, who did not go into the merits of the Food Security Bill, said that if the Government is seriously concerned about food security to most of the people, it should strive to build a consensus through exploration of all alternatives to end malnutrition.

Dr. JP welcomed the Union Government’s affidavit in the Supreme Court listing out certain measures to unshackle the CBI. The moves for appointment of the CBI Director and certain senior officers through a collegium, institution of independent prosecutors, provision of financial autonomy and an independent monitoring mechanism are all welcome but not sufficient.

Dr. JP said that the Government should repeal the ‘single directive’ under which the CBI has to seek prior Government permission for taking up a case against senior functionaries. It should also scrap Section 19 of the Prevention of Corruption Act under the CBI has to get Government clearance before it can prosecute anybody.

Dr. JP suggested that if necessary the Central Vigilance Commissioner can be made the authority to sanction such investigations and prosecutions, subject to certain safeguards. The amending law should provide for constitution of special courts to expedite trial and ensure swift and effective justice.

The Government should also take steps to strengthen the CBI. As of now, it has a total workforce of 6000 of whom only 2500 are investigators. It handles a mere 3000 cases of the tens of thousands of cases that are filed every year in a vast and populous country like India. In contrast, the Federal Bureau of Investigation in the US has 60000 investigators.

The Government should recognize that the CBI is just one of the organs of the rule of law. ACBs and CBCID wings in States handle hundreds of thousands of cases every year. India is the only in which two-thirds of cases are criminal and only one-third civil. By and large, the State investigative agencies are under the thumb of the Government of the day. They too should be made autonomous.

Dr. JP said that effective rule of law is the corner stone of democracy and liberty. Both democracy and liberty will be in peril if the Government cannot ensure that the law is just, efficient and applicable to all without any discrimination. That is possible only when investigative agencies are made autonomous and accountable.

Thursday, July 4, 2013 - 19:07

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