MONTHLY FEATURE uuu POLICE AND SECURITY uuu JANUARY,1998

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 since Independence, without interruption at National and Regional levels. People of India have used ballot paper to dislodge and change entrenched vested interests from seats of power on many occasions.

Forthcoming LOK SABHA elections 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 up 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.

Voters need protection during the pool 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 to vote for a particular candidate. 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 firm adherence to the principles of Democracy by the police become relevant and crucial during elections.

It is a well known fact, that all leading political parties have used administration to further their political fortunes and police force is an useful tool in this endeavour. The ‘Spoils System’ has taken deep roots and the ‘favourites’ in the administration look 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. Ministers and People’s Representatives blatantly interfere in the day-to-day administration of the police department right from the recruitment and appointment of police constable. Instincts of self-preservation and personal career advancement, make many a police officer to adopt the path of collaboration than impartial law enforcement to ensure that all efforts are made to see that the political patron continues to be in power. Power and pelf are liberally used to please political masters. In this atmosphere of mutual help and patronage swapping, it is unrealistic to expect the police officers to display cardinal virtues of idealism and attempt at self sacrifice and hara-kiri. Police are the practitioners of the art of observing the letter of law and 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, while the long term remedy is to launch an awareness campaign among 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 for setting up an impartial State Security Commission to oversee the functioning of police department and to insulate it against political interference and on the appointment and tenure of the Chief of State Police, for ensuring fair and free Lok Sabha elections, certain short-term measures are to be conceived and 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 the State is given functional autonomy, he can not get any instructions of the 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 officers who would be the Chief of Police of the State during the elections and concur and confirm the appointment of one, who is most suitable from the points of integrity, impartiality and professional competence. Once appointed, he should 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 would 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 administrative procedures to ensure these could be done through ordinances.

To keep a close watch over the independent performance of police, the Election Commission should also appoint Police Advisors for each State and Union Territory 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 these Police advisors should have the same weight as those of the Election Observers in determining the gravity of electoral delinquencies.

At present, for many electoral offences, Police officers need a formal complaint from the Presiding Officer or other poll officials. To enable police officials to deal firmly with electoral offences , these are to be made cognisable. Election duties of law enforcement nature, should not be entrusted to ‘irregulars’ like S.P.Os. and Homeguards but only to regular police personnel. All police personnel from Para-Military Forces (PMFs). should be vested with police powers under the Cr.P.C. to deal with electoral offences.

Election Commission should direct the Centre and the States to immediately launch a training programme for all Police and P.M.F. personnel to familiarise them with the Principles of Election Law and Human Rights and about efficient and effective performance of Election duties.

In the Post-election period, Police officers do need protection from political victimisation for having performed their duties in accordance with the Law during the Elections. To ensure this, no disciplinary action against any police officer, for delinquencies purportedly committed while on Election duty, should be initiated without the prior consent of the Chief Electoral Officer and the Chief of the Police 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 dream may take a long time to materialise, the short-term measures indicated can be initiated without major structural changes, provided we have the will to ensure fair and free elections.

Preserving Democracy should be our National Goal. Free and Fair Elections are the concern of the entire Nation and not only that of the Election Commission.

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