MONTHLY FEATURE uuu POLICE AND SECURITY uuu SEPTEMBER, 1994

Dr.S.Subramanian, IPS (Retd.)

Free and Fair Elections are the foundations of a liberal and progressive Democracy. Elections legitimise change of power through peaceful means and provide an opportunity for smooth transition between regimes of differing political ideologies. Indian Democracy has the unique distinction in South Asia of having conducted Democratic elections without interruption at National and Regional levels, since Independence. People of India have used ballot paper to dislodge and change entrenched vested interests from seats of power on many occasions.

Forthcoming Assembly elections in ten States of India are crucial for the survival of many political parties and these would be fought with all vigour and ferocity. Since, bulk of the electorate continue to be illiterate, attempts would be made to stir the dormant divisive tendencies based on caste, creed and other factors. When these fail to arouse the animal instincts, money and muscle power would be used to make the electorate to vote in the desired direction. Once aroused, the base divisive instincts impel the people to resort to violence. Disturbance to peace and order due to widespread tensions and violence, vitiate the election process and make free and fair elections well neigh impossible.

Electorate need protection at three stages during the Election process viz., during the poll campaign; on the election day to exercise franchise without fear or favour; and from reprisals from lumpen elements during post-election period. Experience has shown that the have nots - the Dalits and economically deprived - are the targets of threats and inducements of money and liquor to vote in a particular way. If they fail to cooperate, violence is used to prevent them from voting for any one else. Evils of impersonation, booth-capturing, tampering with ballot boxes, obstruction of voters are ever present and the Election officials look to police to prevent these and assist them in carrying out the election process. The impartiality, dedication to duty and involvement and upholding of principles of democracy on the part of police, become relevant and essential at these troubled times.

Realising the important role played by the police during the polls, the Election Commission, in a recent order, had directed all the States going to polls in the near future, to introduce compulsory training for all police officers from District Police Chief to the Police Station Officer, on the correct performance of their duties in accordance with the Election Law and the instructions of the Election Commission. Police and civil officials have been warned with dire consequences if they failed to implement these in letter and spirit.

One way wonder as to the need for the Election Commission to issue these instructions at this juncture. Did not the police assist the Commission I holding elections successfully in the past, on several occasions? The record of performance of police in the ‘cow belt’ elections last year was exemplary. The need has arisen, since the cancer of politicisation of administration and criminalisation of politics, which began in early sixties has now completely overtaken the entire body politic and is affecting all systems. Instances are not far to seek. The inaction of administration at Ayodya and recently at Allahabad High Court are clear indicators of things to come, if concerted action is not taken to reverse the trend.

It is a proven fact, that all leading political parties have used administration to further their political fortunes and police have come as a useful tool in this endeavour. The ‘Spoils Systems’ has taken deep roots and the ‘favorites’ in the administration lock after the interests of their ‘political patrons’ with all the means at their command. Elections provide a golden opportunity to prove and demonstrate loyalties. The career path of an upright and duty conscious police officer is strewn with perils. Appointments, transfers and comfortable postings are decided on factors other than merit and competence. Now-a-days, Ministers and People’s Representatives blatantly interfere in the day-to-day administration of the police department right from the recruitment and appointment of a police constable. Instincts of self-presentation and personal career advancement, make many an officer to adopt the path of collaboration than confrontation to ensure that all efforts are made to see that the political patron continues to wield power. Power and pelf are liberally used to please political masters. In this, mutual help and sordid atmosphere, it is unrealistic to expect the police officers alone to display cardinal virtues of idealism and attempt self sacrifice and hara-kiri. Police practice the art of observing the letter of law while allowing its spirit to die on almost daily basis and they know how to get things done for politicians without attracting punitive action on themselves.

To ensure a politically neutral Police Service, the long term remedy is to create an awareness campaign in the public to demand police neutrality and to pressurise the Union Government to accept and implement the most important recommendations of the National Police Commission of setting up an impartial State Security Commission to oversee the functioning of police department and insulate it against political interference. NPC’s recommendations on the appointment and tenure of the Chief of State Police should also be implemented. Pending implementation of these long term measures, for the purpose of ensuring fair and free elections, following sort-term measures are to be implemented.

Police is an hierarchical organisation and responds positively and purposefully to the leadership, if the latter can demonstrate to the rank and file its credibility, command and control and operational independence. Unless the Chief of Police of a State is given functional autonomy, he can not get any instructions of Election Commission implemented in letter and spirit by his subordinates. As a first step, the Election Commission, before issuing notification for elections, should seek and obtain a panel of names of officers who would be the Chief of Police during the elections and concur and confirm the appointment of one who is most suitable from integrity and law abiding points of view. Once appointed, he will enjoy complete functional autonomy over the administration of the police department and would be personally responsible and accountable to the Election Commission for maintaining order and security during the critical phases of Election process. To ensure that his writ has the required impact, he should continue in office for six months after the completion of the elections. This will also ensure that he is in a position to safeguard the interests of his subordinates from political victimisation for the acts committed by them during the elections in accordance with Election Law and the Commission’s instructions. All postings, transfers etc. during this period should be done by the Chief of Police only. Suitable amendments to Law and procedures to ensure these could be done through Ordinances and later formalised through legislation.

To keep a close watch over the independent performance of police, the C.E.C. should also appoint Police Advisors for each State to oversee the law and order arrangements connected with the Elections. These advisors should be those who have knowledge of these States and are familiar with the complexities of Police administration. The selection should be from among senior retired police officers with reputation for integrity and impartiality. Reports submitted by the Police advisors should have the same weight as those of the Election Observers in determining the gravity of electoral delinquencies.

All electoral offences should be made cognisable and the police officer on the spot should be capable of taking action without waiting for a formal complaint from the Presiding Officer or other poll officials. Election duties of a law enforcement nature, should not be entrusted to ‘irregulars’ like S.P.Os and Homeguards but only to regular police personnel. All police personnel either from C.P.Os. or other States, should be vested with police powers under Cr.P.C.

Police officers do need protection from political victimisation after the Elections. To ensure this, no disciplinary action against any police officer, for delinquencies purportedly committed while on Election duties, should be initiated without the prior consent of the Chief Electoral Officer and the DGP and final results of such action should be communicated to the Election Commission.

Democracy depends for its survival on the existence of a politically neutral and professional police organisation. While this ideal may take a long time to materialise, the short-term measures indicated can be initiated without major structural changes provided, we have the political will to ensure fair and free elections.

Preserving Democracy should become a National objective. Free and Fair Elections are the concern of the entire Nation and not only that of the Chief Election Commission.

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