The Supreme Court verdict upholding the two Presidential notifications making the Election Commission a multi-member body is indeed a landmark judgment. Besides, the apex court has also accorded equal status to the CEC Mr. T.N. Seshan and the two newly appointed Election Commissioners and has categorically stated that all three are at par. It has also been established now that the Election Commission’s decisions have to be unanimous and if there is a difference of opinion, the majority view would prevail.
This far-reaching judgment has now set at rest the unseemly controversies that had been plaguing the Election Commission ever since Mr. Seshan took over. The principle of ‘institution above individual’ which could be the only possible hedge against tendencies of one-upmanship has taken a severe beating during the tenure of the present incumbent. Consensus and majority rule are the twin fundamentals on which a democratic system works. To aver that an individual, however high he may be, has overriding powers to do anything unchecked as Mr. Seshan did could not possibly go with the spirit of those tenets. That Mr. Seshan overstepped his authority consistently is no secret.
The fact that he got away with what he was doing can utmost be termed ‘a constitutional tragedy’ for there was little legal light on the position and the powers of the Election Commissioner with no precedents of such a situation. Also, never has this here-to-fore ‘tame’ office come into such sharp focus. Perhaps Mr Seshan must be thanked for settling forever the issue of CEO’s authority, though only by default.
There is no gainsaying the fact that much of the ills of the present day democracy has its roots in the electoral system. Money power, muscle power and lure of lucre had over the period vitiated the people’s sacred right to franchise. There can be no doubt that the evils of the electoral process need immediate attention. But whatever the steps taken to correct the system can only be within the framework prescribed by the Constitution. But Mr. Seshan started assuming powers of demoniac proportions which of course were illusory. Under the pretext of saving democracy from the clutches of corrupt politicians he set about issuing orders at will without even a semblance of considerations of propriety. Some of his fiats which were plainly ridiculous provoked the Central government to appoint two more ECs to have a check on him. But Mr. Seshan’s eccentricities escalated immediately with his tongue playing havoc, spitting venom on whomsoever that treaded his path. His advocacy of strong medicine for even simple problems held out the threat of derailing and damaging the very system which he said he was protecting. His remedies almost always turned out to be worse than the disease.
Even all this could have passed for over zealousness had not Seshan, the man been allowed to dominate Mr Seshan the bureaucrat. More than his orders it was his brash behaviour and rash outpourings that provoked the justifiable ire of all.
A close look of the man, as evident from his own indiscretions, revealed that Mr. Clean was not all that clean. When an impeachment motion was brought against him he set about soliciting the support of the very politicians he detested, to save his skin. Instead of addressing himself to the problems concerning his august office, he crossed several limits, one such being his unwarranted and totally baseless comments on Anna. His theatrics reached the peak at the Madras airport when he refused to allow himself to be escorted and caused considerable inconvenience to the authorities as well as the public. And all through, decency and public behaviour had been the casualties.
He met more than his match in TN Chief Minister Ms Jayalalitha on two occasions: First, when she refused to see him when he tried to get her support on the impeachment motion and next, when Ms. Jayalalitha successfully stayed the sale of the book in which Mr.Seshan had cast aspersion on Anna.
The apex court verdict would surely go a long way in providing the much required moderation in the functioning of the Election Commission without in any way hampering its duties to the electorate, this in all probability being an election year. Above all it must be congratulated for calling Mr Seshan’s bluff, once again proving that it is not possible to fool everybody all the time.
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