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SUPREME COURT CRITICISES CHANDIGARH MAYOR POLLS’ PRESIDING OFFICER, DEFENDS DEMOCRACY

Reference: GS4 – Public/Civil service values and Ethics in Public administration, Probity in Governance

Why in the News?

• The Supreme Court, on Monday, rebuked the Returing officer’s conduct in the Chandigarh mayoral elections of January 30.
  • The Court called it a “mockery of democracy” and emphasized that democracy cannot be allowed to be undermined.
• A three-judge bench led by CJI D Y Chandrachud made these observations while hearing a petition by AAP-Congress candidate Kuldeep Kumar.

Ethical Concerns in the Chandigarh Mayoral Polls

The Chandigarh mayoral polls have unfortunately become a case study in unethical electoral practices, raising serious concerns about the very foundation of democracy.

Impartiality and Misconduct: The presiding officer, entrusted with ensuring a fair election, stands accused of manipulating ballots. This blatant bias undermines the core principle of impartiality, jeopardizing the legitimacy of the result.

Disenfranchisement and Invalid Ballots: Declaring eight valid votes invalid raises questions about fairness and disenfranchisement.

Each vote carries weight, and their arbitrary exclusion casts doubt on the true representation of the electorate.

Transparency and Scrutiny: Lack of transparency in the counting process, with limited access for party representatives, creates an environment for potential manipulation. Scrutiny is crucial for ensuring the integrity of the process.

Eg. The disputed 2020 US presidential election highlighted the importance of clear guidelines and oversight in vote counting.

Erosion of Public Trust: These allegations sow seeds of doubt and distrust in the electoral system. When citizens lose faith in the fairness of elections, the very foundation of democracy weakens.

Eg. The 2022 election crisis in Brazil underscores the dangers of eroding public trust in the electoral system.

Undue Influence and Potential Corruption: If proven true, the presiding officer’s actions point towards undue influence or even corruption. This not only taints the specific election but also raises concerns about systemic vulnerabilities.

Accountability and Action: The accused officer’s lack of accountability sends a worrying message. Robust mechanisms for investigation and appropriate punishment are essential to deter future misconduct.

Impeding Democratic Rights: The entire episode raises concerns about the suppression of democratic rights. Free and fair elections are fundamental to a functioning democracy, and any act that impedes them is a violation.

Setting a Precedent: The outcome of this case will set a precedent for future elections. A lenient approach could embolden unethical practices, while decisive action could strengthen safeguards for fair polls.

National Implications: This case goes beyond Chandigarh, with potential national implications. It highlights the need for stringent measures to ensure ethical electoral practices across the country.

Restoring Faith and Legitimacy: Ultimately, the goal is to restore public faith and legitimacy in the electoral process. Transparency, accountability, and decisive action are necessary to achieve this.

The successful implementation of independent election commissions in countries like India demonstrate the positive impact of strong safeguards.

Restoring Ethical Values in the Chandigarh Mayoral Polls

The ethical concerns surrounding the Chandigarh mayoral polls demand concrete measures to restore public trust and prevent similar occurrences in the future.

Thorough Investigation: An independent and impartial investigation into the alleged misconduct is crucial.

This should involve examining evidence, questioning officials, and ensuring transparency throughout the process.

The findings and recommendations should be made public.

Strict Accountability: If wrongdoing is proven, those responsible must face consequences, regardless of their position or affiliation.

This sends a strong message that unethical behavior will not be tolerated and deters future misconduct.

Enhanced Training: Election officials and political party representatives should undergo comprehensive training on electoral laws, ethical conduct, and best practices.

This can equip them to identify and resist unethical practices and uphold their ethical responsibilities.

Robust Whistleblowing Mechanisms: Establishing confidential and secure channels for reporting unethical behavior is essential.

This empowers individuals to speak up without fear of retribution and encourages a culture of ethical conduct within the system.

Strengthened Oversight: Independent and empowered oversight bodies are crucial to monitor elections, investigate complaints, and ensure adherence to ethical standards.

This can involve strengthening existing bodies or creating new ones with sufficient authority and resources.

Improved Data Security: Implementing robust cybersecurity measures and data protection protocols is vital to safeguard sensitive electoral data from manipulation or misuse.

Regular audits and vulnerability assessments can help identify and address potential security risks.

Increased Transparency: Proactive communication and information sharing with the public throughout the electoral process are essential.

This builds trust, fosters accountability, and allows for timely identification of potential issues.

Civic Education and Voter Engagement: Educating citizens about their rights, responsibilities, and the electoral process empowers them to participate meaningfully and identify unethical practices.

This can involve voter education campaigns, public awareness initiatives, and accessible resources.

Promoting Ethical Political Culture: Political parties and candidates should commit to ethical campaigning practices, avoiding misinformation, hate speech, and undue influence.

This requires promoting ethical leadership and holding each other accountable for upholding ethical standards.

Continuous Review and Improvement: Regularly reviewing electoral laws, procedures, and practices is crucial to identify and address vulnerabilities that could enable unethical behavior.

This requires ongoing collaboration between stakeholders, including election officials, political parties, civil society organizations, and the public.

Stakeholders and their Interests/Responsibilities

Ways to instill ethical values in lawmakers

• Strengthen legal measures: Enhance provisions protecting whistle-blowers and enforce stringent anti-corruption laws.
• Implement a code of conduct: Establish standard norms for ethical behavior.
• Reform political parties: Ensure sincerity and commitment to uphold integrity in public life.
• Enact electoral reforms: Minimize the influence of money in elections by revising election expense limits, exploring corporate or state funding of political parties, etc.
• Impose penalties in the House: Enforce penalties for unethical conduct such as censure, reprimand, suspension, or termination of membership, facilitated by empowering the House’s Ethics Committee.
• Introduce education programs: Launch civic education initiatives focused on enhancing ethical values.

Source: https://indianexpress.com/article/india/supreme-court-cji-chandrachud-chandigarh-mayor-elections-9145265/?utm_campaign=later-linkinbio-indianexpress&utm_content=later-40869021&utm_medium=social&utm_source=linkin.bio

Mains question

Examine the ethical concerns raised in the recent Chandigarh mayoral polls and their potential impact on Indian democracy. Suggest measures to strengthen electoral integrity and promote ethical conduct in future elections. (250 words)