The poll panel reform as suggested by SC is the need of the hour

By: Jayanta Sharangthem
India has a federal structure of governments with powers divided between the centre and the states. Each has its own jurisdiction. But we, the people of India, frequently notice that every government that comes to power uses the government institutions and organs as per its wishes so that the government gets some profit from them. Now, there is no balancing between the executive, the judiciary, and the legislature. The legislature is dominating the two. The central government has recently brought the National Judicial Appointment Commission (NJAC) so that the centre can have a firm hand in controlling the judicial system. The government is trying to control the national media, including social media. Anchor Ravish Kumar has resigned from NDTV after the news channel was acquired by the Adani Group. The majority of national news channels broadcast irrelevant news in order to divert people’s attention away from national issues such as unemployment, economic slowdown, hunger index, rupees slowing against the dollar, and so on.These days, there are so many paid and sponsored news channels and social media groups supporting government agendas.
When the election is about to be scheduled, state governors, state election commissioners, secretaries, SPs, and DCs are frequently changed or posted. Every party that comes to power in the centre uses CBI, ED, EC, income tax, etc. after destroying their independent command and making them do what the government wants. When questions arise about the government’s illegal actions, the government tries to harass and arrest them under the provisions of UAPA, making it difficult for them to be released on bail. We all know that when the opposition party or someone speaks against the government, an income tax raid, CBI search, or ED search against them is sure to happen in the following days.Surprisingly, there are no raids or scams in states where the ruling party is affiliated with or the same as the ruling party in the center. All these show that these central institutions, which have to work independently, become puppets of the central government. This is against the very structure of our Indian Constitution. If this trend continues, a dictatorship form of government will undoubtedly emerge in the future. To avoid this incorrect interpretation of acts and laws, it is necessary to update and amend the flaws in our constitution, because only time reveals the flaws after they are implemented.
The Modi government and the Supreme Court are locked in a battle where each wants to set the boundary for the other. This fresh standoff between them over the selection of the Chief Election Commissioner of India comes after Kiren Rijiju’s remark that only in India do the judges appoint judges. The Supreme Court questions the central government’s “tearing urgency” in appointing Arun Goel as Election Commissioner. Mr. Arun Goel was a secretary in the government on Friday. He took voluntary retirement that day and was appointed as Election Commissioner on Saturday, and took charge on Monday. The SC further questions the Centre to show what prevailed upon the government to initiate the process in a manner that everything is done in the shortest possible time, superfast: the same day process, the same day clearance, the same day notification, the same day application, the same day acceptance, and the same day appointment. The file has not even travelled for 24 hours.
The Supreme Court then orders Attorney General R. Venkataramani to produce the files pertaining to Mr.Goel’s appointment on November 23 after petitioners claim it was done “hurriedly,” in fact, the very next day as the critical Gujarat election approaches and the court is hearing a series of petitions seeking to insulate the Election Commission of India (ECI) from political influence by establishing a “neutral and independent mechanism.” But the government strongly resisted it. This rush by the government smells like some sort of design. The Supreme Court, after inspecting official files on November 24, said the appointment of Arun Goel as Election Commissioner was done with “lightning speed,” the procedure taking less than 24 hours from start to finish on November 18. Actually, the vacancy was there from May to November 18. Now, what prevailed on the government that everything needed to be done within the shortest possible time? It is very clear that the authorities forced Goel to resign in order to appoint him as the CEC.
The appointment of the CEC becomes a strategy to keep opposition parties in check. The ruling parties always play the blame game to win the election at any cost. When the CEC is on the side of the ruling parties, no one can dare question the electoral process. If there is any complaint or resistance, it is being rejected by the EC. Again, when the winning numbers after the election are close between the opposition and ruling parties, the political party whose party is in the centre always dominates and forms the government by hook or crook, thereby overthrowing the law of the land and buying and selling elected persons in the election like vegetables in the market. The latest examples that we all witnessed happened in Manipur, Maharashtra, and Madhya Pradesh. But the Election Commission of India has been a silent spectator to these murders of laws. After the revocation of Article 370 from Jammu and Kashmir by the Centre, the EC of India will announce the election dates only when the political party at the Centre has a favourable time to win the election in J&K. It is so because the EC acts and dances to the rhythm of the government at the centre.
Are the laws of this land not equal for all? NCPCR writes to the EC seeking action against Congress for using children as props to fulfil its political agenda. After this, Rahul visited the EC as well. On the contrary, during the Gujarat election campaign, PM Modi was seen with a child and used derogatory language against the opposition, comparing them to terrorists. The UP CM use words that may cause communal tensions between Hindus and Muslims. Assam CM Himanta Biswa Sarma, while campaigning in Gujarat, expressed that if Modi is not re-elected in 2024, then “Love Jihad,” in which Shraddha Walkar was killed into pieces, will rise in every city of India. Today, politicians use such statements targeting a particular community to secure vote banks. They even try to promote ‘one religion, one language’. Such statements and the promotion will only create communal tensions and will ultimately break the bond of the unity in diversity. We all know that kings’ rule came to an end with time. The rule under the Mughals came to an end too. And then the rule under the British also came to an end. The same was true of the Congress regime after India gained independence. This present government will follow suit too. Nobody can stop time because time is both the killer and the creator of all things. I mean, the parties come and the parties go. But the nation should not be divided for the sake of a few votes.
We all know that every government tries to select the “yes” man for the head of every government institution, including the CBI, ED, EC, military chiefs, governors, and presidents, so that the government has overall control over others. To save the very soul of this democracy, it is time to give these government organs independent powers so that they can work and make decisions on their own. Now-a-day, the politicians say anything that comes to mind in their statements. Home Minister Amit Shah said that no one can stop the rewriting of history to free it from distortions. But let me ask some questions. Who had written Indian history incorrectly? Can the RSS rewrite the history that when the whole congress under Gandhi protested against the British to leave India but the RSS were against the Congress stand? Who killed Mahatma Gandhi? Can you rewrite the history of the assassination of Mahatma Gandhi? Can you rewrite the history that even after India got independence, for many years, the RSS did not hoist the national flag at its headquarters? 
From Nehru to Modi, our constitution has undergone a lot of amendments. With the passage of time, amendments become increasingly necessary. We agree with the provisions given in the constitution that any individual, whether he or she is literate or not, who has the people’s support can become an MLA, a minister, a lawmaker, or the people’s decision-maker, keeping highly qualified persons like IPS, IAS, scientists, doctors, educationists, scholars, intellectuals, etc. under them. But I will say there should be a minimum educational qualification to become an MLA. The big question is: how can an illiterate minister make laws or decide the fate of this land? How can he or she analyse the merits and demerits of any government decisions? Real growth is when it starts checking and correcting the defects in our constitution. Running water is cleaner than pond water. In order to achieve balance between the three pillars of executive, judiciary, and legislature, reformation is very necessary. If the EC is to act independently, the corruption during the election may be curbed to some extent, and the political parties may not be able to align the EC towards them. Hence, as suggested by the Supreme Court of India, an independent and neutral election commission of India, which is out of the control of the ruling and opposition parties, is the need of the hour.