Fairness Fiasco : India’s Election Commission and the Illusion of Level Playing Field

Over the past decade, India’s democratic fabric has been severely tested by a series of events that have cast serious doubts on the fairness and integrity of the electoral process. In recent months, these concerns have only intensified, particularly due to the perceived bias of the Election Commission (EC) and its failure to uphold its constitutional mandate of ensuring free and fair elections.

One of the most glaring manifestations of this bias is the introduction of electoral bonds, ostensibly aimed at enhancing transparency in political funding. However, these bonds have been heavily skewed in favor of the ruling party, allowing them to amass significant sums of money while keeping the sources of these funds hidden from public scrutiny. This financial advantage gives the ruling party an unfair edge over its opponents, distorting the level playing field essential for democratic competition. Although the Supreme Court in its February 15, 2024 judgment has declared the electoral bond scheme unconstitutional but the damage has already been done as the ruling amassed disproportionate wealth due to this scheme.

Furthermore, there have been alarming instances of opposition leaders facing targeted harassment and intimidation by government agencies such as the Enforcement Directorate and the Central Bureau of Investigation. The selective targeting of opposition figures not only undermines the democratic process but also erodes public trust in the impartiality of law enforcement agencies.

In addition, recent appointments to the Election Commission have raised serious concerns about its independence and neutrality. The process of appointing Election Commissioners as per the new act, which involves a committee comprising the Prime Minister, a cabinet colleague, and the leader of the opposition, has been criticized for its potential political bias. This has led to skepticism regarding the EC’s ability to act independently and impartially in overseeing elections.

Moreover, the scheduling of elections in states like Bihar, Uttar Pradesh, and West Bengal over multiple phases, as opposed to states like Tamil Nadu where all 39 seats are contested in a single phase (Bihar with 40 seats will have a 7-phase election!!), has been viewed as a deliberate attempt to favor the ruling party. This staggered approach allows the ruling party, with its vast financial resources and media coverage, to deploy its campaign machinery more effectively, while the opposition, with limited funding and media access, faces significant challenges in mobilizing support.

Overall, the perceived bias of the Election Commission undermines the very foundation of democracy by eroding public confidence in the electoral process. Unless concrete steps are taken to address these systemic issues and restore the EC’s credibility as an impartial arbiter, the integrity of India’s democracy will remain under threat. The Election Commission must uphold its constitutional mandate and ensure that elections are conducted in a free, fair, and transparent manner, devoid of any political influence or bias.