The Role of the ECI to Conduct Elections in a Pandemic
July 15, 2021
The aim of this academic report is to analyze the past actions of the Election Commission of India (ECI) and frame a bluebook-like suggestion manual for this constitutional body to hold further elections in a pandemic, thus prioritizing public health and maintaining the respect which a constitutional body is expected to behold.
In order to come up with an effective suggestion manual, it was imperative to thrust down into the constitutional and legal framework which empowers the ECI to initiate broad-ranging reforms, indirect deviation from its past practices as established by convention. This academic report has delved into the exact articles of the Constitution (Article 324-329) and referred to landmark judgments in order to establish that there exists virtually no unreasonable restriction on the ECI to put whichever restrictions it deems fit while conducting elections in a pandemic.
The academic report for India’s first participatory think tank also analyses policy suggestions and the inner working of the ECI to address areas of concerns where the offices of the observers, returning officers, and other on-ground poll officials can be effectively increased with executive powers to take immediate, instantaneous corrective actions in order to prevent any mass health casualty during this health emergency. Furthermore, this report not only limits itself to be suggesting corrective action but proposes further positive responses which can be undertaken by the ECI for effective discharge in its role as a constitutional authority to help the nation reverse this health emergency.
Needless to say, the ECI must balance the right to vote with the right to live in a manner that our democratic foundations do not suffer and our health infrastructure is not overwhelmed. The concerns of smaller and regional parties shifting to virtual modes of campaigning, limiting sizes of public rallies, maintaining social distancing in crowds are obvious challenges which the ECI would face as is natural in a country as highly and densely populated as ours. However, it is to tackle these challenges itself and lay a level playing field for all parties in a pandemic that the ECI must take corrective action as allowed by law and come out with a reformed election atmosphere (legal obstacles are nullified herewith) to restore the Indian publics pride in festivals of democracy, without costing anyone their health!
