Date: 12th May, 2020
To,
The Chief Election Commissioner
Election Commission of India,
Nirvachan Sadan, Ashoka Road,
New Delhi-110001
Subject: Suggestions regarding disclosure of the information with respect to the status of the promises of quantitative nature made in the previous election manifestos of the candidates and political parties before the ensuing elections
Sir,
I am making this representation in the capacity of a concerned and spirited citizen of this country. I possess a Degree in Bachelor of Ayurvedic Medicine and Surgery and also identify myself as an academic writer. I have taken up several research activities aiming at Good Governance and policy framing for the last 4 years. On the basis of the extensive academic research carried out by me, I have sent many recommendations and suggestions to the Central Government and various State Governments in order to make our society better, more transparent and egalitarian, some of which have been accepted.
Factual background:
The Hon’ble Supreme Court recognising the importance of the election manifestos directed the Election Commission of India to frame guidelines directly governing the contents of the election manifestos in the case of S. Subramaniam Balaji v. State of Tamil Nadu & Ors. reported in (2013) 9 SCC 659.
Although, the Election Commission of India issued certain guidelines on election manifestos, framed in consultation with the political parties, it failed to consider that the voters ought to have a right to know as to what happened to those promises made in the election manifestos. A failure on part of the political party or for that matter a candidate in disclosing the status of the promises made in their election manifestos before the next elections deprives a voter his right to know and thereby denudes him from making an informed choice.
There is a statutory vacuum regarding regulation of election manifestos to the extent of tracking the performance of the political parties and the candidates and accountability to the public thereof. The Representation of People Act, 1951 as well as the Conduct of Election Rules, 1961 although have recognised the right to know of a voter, however, the same is insufficient. The information sought under Section 33A and Form No. 26 pertains more to the conduct of the candidates in their personal capacity. However, it is more so important to call for information with respect to their conduct as a representative of the nation.
Being a socially spirited citizen of the country, I made several representations to the Election Commission of India suggesting to call for declaration from the political parties as well as contesting candidates regarding the status of the promises made in their manifestos for the previous elections.
When these representations did not bear any positive results, I approached the Hon’ble High Court of Judicature at Bombay by way of a Public Interest Litigation (Civil Public Interest Litigation No.15 of 2019). The prayers sought in the said Public Interest Litigation were that necessary directions may be issued to the effect that Rule 4A of the Conduct of Election Rules, 1961 be amended empowering the Election Commission of India to seek information regarding the Status Report of the promises made in the election manifestos of the candidates and that of the political party. Further, it sought that an affidavit be required from the candidates contesting election on behalf of the political parties disclosing the status of the promises made in the previous election manifestos before the ensuing elections.
It is submitted that the election manifestos are generally drafted by the political parties and candidates keeping an eye on forthcoming elections and are generally published and well publicized. The political parties/candidates bag the votes by making promises in the elections, however, the voters are kept in dark, when it comes to giving them an opportunity to know the correct status of all such promises made.
It shall be difficult to hold the political parties and candidates responsible for non-fulfilment of each and every promise made in the election manifestos, however, what would be the harm caused to such political parties and candidates if a disclosure with regard to the status of the promises is required to be made by them while filing nominations.
Till recently, the candidates use to propagate the manifestos published or released by the political parties to which such candidates are affiliated to. However, since last few elections, several candidates belonging to different political parties, taking into consideration the local issues, have been coming up with their own manifestos giving an account of what would they do for their constituency if they are elected. The safeguards, although few, laid down by the Election Commission of India governs only the election manifestos issued by the political parties and not the individuals. As such, there is a vacuum regarding the law governing the election manifestos published by a candidate.
Voter’s (little man/citizen’s) right to know about the agenda of the political parties, their accountability and sincerity towards the promises made by it is much more fundamental and basic for the survival of democracy. The little man may think over before making his choice of electing law-breakers as law-makers.
The vacuum regarding the information relating to the promises made in the election manifestos and their status has resulted into deprivation of right to know of voter as guaranteed under Article 19(1)(a) of the Constitution of India. Such a disclosure would ensure that the voters make an informed choice while casting their votes which is very much essential for a participatory democracy. If a Status Report is there at the disposal of every citizen, then it can strengthen the democratic process and also restore the confidence of the people in the democratic process of choosing elected representatives. Furthermore, such a disclosure would also keep a check upon the political parties inasmuch as all such parties/candidates shall publish their manifestos after thorough research thereby restraining them from making false promises with a view to filling their vote banks.
Although, the judgment dated 23.04.2019 in Civil Public Interest Litigation No.15 of 2019 passed by the Hon’ble High Court of Judicature at Bombay which was arbitrary for several reasons, held that requiring the Election Commission to obtain a status report regarding the promises made in the form of election manifestos and make an assessment as to which promise has been fulfilled, and in what manner, is an exercise which is impossible to be performed for the reason promises made at the election are qualitative in nature.
Aggrieved by such arbitrary and perverse judgment of the Hon’ble High Court of Judicature at Bombay, I preferred a Special Leave Petition (SLP (C) Diary No.29113 of 2019) before the Hon’ble Supreme Court of India. The Hon’ble Supreme Court suggested that a fresh representation with modified remedies be made to the Election Commission of India and thus the petition was then withdrawn on 14.10.2019 and pursuant to the suggestion of the Hon’ble Supreme Court, this representation is being made.
Reasons why the provision of information as to the past performance of a candidate and political parties with respect to the election manifestos is essential are mentioned below:
Article 19(1)(a) of the Indian Constitution includes right to know of the voters about their candidates and their performance in their tenure before any citizen exercise their franchise. It is submitted that the Hon’ble Supreme Court recognized the voter’s right to know for the first time in the case of State of Uttar Pradesh v. Raj Narain & Ors., [(1975) 4 SCC 428] at Para 74. and has widened the horizons of the right to know of a voter while reiterating that the said right is a fundamental right under Article 19(1)(a) of the Constitution of India in the case of Lok Prahari v. Union of India reported in (2018) 4 SCC 699. Further, in the case of Union of India v. The Association for Democratic Reforms, [(2002) 5 SCC 294] held in Para 22 that a voter has a right to elect or re-elect on the basis of the antecedents and the past performance of the candidate.
Article 19 of the International Covenant of Civil and Political Rights (ICCPR) guarantees the right to freedom of speech and expression with regards to voting and this right shall include the freedom to seek, receive and impart information and ideas of all kind.
Any political party is not liable to disclose information under RTI. As such, the citizens of the country are left with no option to know as to what is the status of the fulfilment or otherwise of the election manifestos. For a participative form of democracy, it is important that the voters’ are educated in a right manner. It is all the more important that people cast their votes after knowing their candidate and not for any other extraneous considerations.
As per Article 324, the jurisdiction of Election Commission is wide enough to include all powers necessary for smooth conduct of the entire process of election. The Election Commission of India has already exercised the power and issued guidelines with regard to the issuance of the election manifestos and as such a further safeguard with regard to the right to information as to the past performance of a candidate and political parties with respect to the election manifestos would be well within the four corners of the powers of the Election Commission, which is long awaited.
Further, it is humbly submitted that in a landmark case the Hon’ble High Court of Australia recognizing the voters right to know the actions of the government and those actions being subject to electoral scrutiny by the voters in the case of Australian Capital Television Pty Ltd v The Commonwealth [177 CLR 106] wherein it observed that:
“236. If the institutions of representative and responsible government are to operate effectively and as the Constitution intended, the business of government must be examinable and the subject of scrutiny, debate and ultimate accountability at the ballot box. The electors must be able to ascertain and examine the performances of their elected representatives and the capabilities and policies of all candidates for election. Before they can cast an effective vote at election time, they must have access to the information, ideas and arguments which are necessary to make an informed judgment as to how they have been governed and as to what policies are in the interests of themselves, their communities and the nation.…”
Prayers:
It is therefore, humbly submitted that, in order to make our democracy and our election process, transparent and to give the voters all the information they require about the political parties and the candidates so that the voters could exercise their right to vote wisely, I urge you to deeply consider the below mentioned prayers/suggestions: –
Issue guidelines regarding submission of an affidavit containing statement with respect to the status of the promises of quantitative nature made in the election manifestos of the candidates along with that of his/her political party from the candidates by suitably modifying the Model Code of Conduct;
Send recommendation to the Ministry of Law and Justice to amend the Rule 4A and Form 26 appended to the Conduct of Election Rules, 1961 thereby seeking information regarding the status report of the promises of quantitative nature made in the election manifestos of the candidates along with that of his/her political party from the candidates;
Issue such other order(s) or direction(s) as the Election Commission of India deems fit to ensure free and fair elections and protect voters' right to information.
Yours faithfully,
Akshay Yadavrao Bajad
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