Hours after Karnataka chief minister H.D. Kumaraswamy publicly expressed fear of “vindictive I-T raids” against JD(S) and its coalition partner, the Congress, the Income Tax department launched a search and seizure operation against multiple people linked to his party across the state.
ThePrint asks: Should EC ensure that CBI, ED & I-T dept aren’t used as political tools during elections?
Perhaps the Lokpal can monitor all government agencies till MCC is in place
Manish Tewari
National spokesperson, Congress
There was a propriety that was followed by the previous governments that once the model code of conduct kicks in, the government goes into a recessed mode. Policy decisions and various other actions, which may have long term implications are not taken up, consciously. But the Modi government has broken every canon of propriety. The most unfortunate in their series of improper actions is the abuse and misuse of investigative and intelligence agencies.
Over the past five years, these agencies have been used and misused by the BJP against political opponents time and again. Therefore, some sort of a modus vivendi has to be found whereby once the model code of conduct kicks in, either the Election Commission or an independent body looks into the functioning of these organisations, and closely observes whether the government is using them as a political tool in any way.
Since we have a Lokpal in place now after five long years, perhaps the Lokpal can be entrusted with the responsibility of exercising superintendence over all the existing structures of the government till the time the MCC is in place and elections are held.
Election time is no excuse to stop investigating anyone involved in a wrongdoing
Manjinder Singh Sirsa
MLA, BJP Delhi
Not just during elections, investigative agencies should not ever be misused. I don’t believe the BJP, or any party for that matter, has ever indulged in the misuse of these institutions when in government. These are baseless allegations.
Moreover, law enforcement and investigative agencies are not only very prestigious, but also have the finest officers working for them. We cannot expect them to stop going about their duties just because elections are around the corner or because the model code of conduct is in place. They have to do their routine work – some of the investigations they may have been working on months in advance.
Let’s say, for the sake of argument, a certain party does misuse these agencies when in power – why doesn’t the next government ever investigate this misuse?
I don’t believe any ruling party goes to the extent of intervening in the investigative works of these agencies. Largely, these allegations are pure rhetoric and for the most part, untrue.
If a wrong has been committed, and if there is evidence of corruption, then the I-T department will of course investigate. The timing of the investigation is immaterial, it is the intention that matters. More importantly, a person who may be involved in some wrongdoing cannot be given leeway just because it is election time.
EC can only act if concerned party approaches them with a complaint and proof
S.K. Mendiratta
Former legal adviser to the Election Commission
The Constitution makes it abundantly clear that probe agencies should not be misused by the government – whether during elections or otherwise. The model code of conduct also specifies that if the government is found misusing these agencies in any way, action will be taken.
That said, a complaint needs to first go to the Election Commission for them to look into the matter. If the JD(S) feels wronged, or that the I-T department has been misused by the government, let them go to the EC with evidence. Details of the matter are of paramount importance and so any concerned party can approach the EC with proof of misuse, if there is any. Then the EC will look into those and take a call – that is the correct protocol.
In case it is found that the government has misused its power, the EC will intervene as it is obliged to. The model code of conduct clearly mentions that the state cannot use any machinery as a political tool against other parties during elections.
Also read: PM Modi didn’t consult Election Commission before ‘Mission Shakti’ address
EC can direct these bodies to discharge their duties as per law and not as per govt’s desires
P.K. Malhotra
Former Union law secretary
The CBI, ED and I-T department are all constitutionally created probe agencies or are a result of the statute. The Constitution and the statute give them full autonomy and independence in their functioning. So, the people who are governing these institutions should discharge their duties as per the provisions of the law.
But if the individuals responsible for these bodies themselves choose to become tools in the hands of the ruling party, the Election Commission can most definitely take a call on that. They can direct them to discharge their duties as per the law and not as per the desires of the government.
The job of the EC is quite lucidly spelt out – to ensure that free and fair elections are conducted. If anything comes in the way of free and fair elections, the EC can definitely give instructions to the concerned body to mend their ways. The provision of the Constitution vis-a-vis the duties and the rights of the EC are very clear.
Even the Supreme Court has held in a number of cases that the EC can give instructions to any authority or individual if they find that they are obstructing the functioning of a free and fair election, which is a basic tenet of democracy.
By Fatima Khan, journalist at ThePrint.
It is a well accepted and recognised principle of Law that as long as an execution of an act by any authority, duly constituted for that purpose, is bona fide and “In Public Interest”, it cannot be held as violation of any right; nor can any ‘ultra vires’ be imputed to it. These agencies follow all due processes and preliminaries required under the Law, and do not indulge in reckless and unauthorised acts. Of course, the effected parties will cry foul and impute the catch phrase “Political Vendetta”. BUT, the Election Commission ( or ANY other body) can do NOTHING about it. It is next to impossible to attribute ulterior motives and PROVE them; very easy to shout from public platforms and to the media.
The MCC covers a sliver of time, out of sixty months. One cannot judge when – or even whether – the process will start. But at some stage, the government of the day might wish to respect the spirit in which political contestation is to be carried out in a democracy. It is really too much to expect that the ECI / Lokpal – my heart tells me it is going to prove to be one more layer of superfluity, as the CVC already is – or even the apex court to enforce constitutional morality.