Election Commission’s insistence on the availability of adequate police arrangements as a pre-condition for holding polls, is a welcome step. Constitution of India has cast upon the Election Commission the duty to hold free and fair polls. To ensure this, Election Commission has to satisfy itself that the voters are protected from external threats of violence and use of force by criminal and lumpen elements. Presence of an impartial Police Force in adequate numbers would generate confidence in the minds of the voters to exercise their franchise without fear or favour. Much is being said about the inherent right of the States to maintain law and order and the untenability of the Election Commission insisting on the availability of certain levels of Police Force. If this fallacious argument is carried on further, it will lead to the conclusion that there would be no occasion for the President of India to invoke Article 356, as no state is likely to admit that law and order and constitutional machinery have broken down. In respect of Elections, the satisfaction of the Election Commission as to the conditions for holding free and fair elections in an area, is unfettered and unlimited. Election Commission cannot accept the certification by the States without verification.

Elections legitimise the change of power and authority and enable to usher in an orderly change in the political system from time to time. Changes in political, economic and social equations affect the vested interests, which resist the change with all their might. Further, the very nature of the electoral process - ‘First past the post’ - promotes the creation of ‘Vote Banks’ on sectarian lines. These two factors assist the growth of Casteism, Communalism, Mafias, Muscle and Money power. All political parties in India have made use of these to gain and remain in power. Since bulk of the electorate are still illiterate and below the poverty line, political parties bludgeon them into submission at the hustings through the use of organised violence. Criminalisation of Politics has become a fine art practiced with gusto resulting in the creation of tolerance to criminalisation of electoral process and condonation of unethical practices.

The Indian voter has displayed his political maturity and sagacity by exercising his franchise against all odds in successive General Elections. he has been forced to devise his own means to protect himself against electoral violence. Reprisals have been many and thousands have suffered in post-Election violence. A vigilant and upright police force can provide a shield to the helpless voter. Unfortunately, political parties in India have succeeded in politicising the police organisation through allurements and punishments. Instead of being the protector of people, police has become the protector of Establishment - the ruling party. The dividing line between party interests and State interests has disappeared. A police organisation, which has become a willing tool of the party in power and which has strayed away from the path of impartiality and political neutrality can not assume the mantle of virtuosity on the eve of Elections. Often, the police become the willing collaborators and accompliced in perpetrating electoral offences, as they see their own future in the success of the party in power at the polls. While ‘depoliticising the Police’ is the long term answer, induction of central Police Forces in good number will dilute the malefic influence of local police. Seen in this context, E.C’s insistence on the availability of central forces at sensitive areas is a wise and welcome move. Central police personnel are generally far removed from the scene to be affected by allurements and threats. It is not our case that Central Police forces are paragons of virtue and blameless. In the recent past, two of their masters - the Ministers of State in the Ministry of Home Affairs - have tried to use them to further their own political fortunes. But as this needs elaborate manipulation, a less than cooperative local administration and unsympathetic public, exposed them. Central Police forces are lesser of the two evils when compared to thoroughly politicised local police.

To ensure free and fair polls, Pre-poll, Poll and Post-poll Violence should be prevented. Towards this end, many administrative steps are to be taken by the E.C., in addition to the induction of Central Police Forces. In the first place, from the date of notification of Elections till the entire electoral process is completed, the entire Police force in the concerned area should be deemed to be on deputation with the E.C. and under its administrative and operational control. No transfer of police personnel of any rank should be permitted without Election Commission’s approval. The entire Election bundobust scheme should be vetted and approved by the E.C. To assist in this task, E.C. should have ‘Police advisers’, who will constantly monitor the activities of police and look into the complaints against them. These ‘Advisors’ should preferably be from the same State - retired Senior Police Officers with reputation for integrity and probity. They should also give an undertaking to the E.C. that they will not accept any office of profit after the Elections without the clearance of the E.C. The reports submitted by these Police Advisors should have the same weight as those of the Election observers, in Judging the severity of electoral delinquencies.

More often, ‘Police duties’ are performed by irregulars and temporary hands during Elections. This is fraught with grave risks as they can be suborned to wink at Election offences. Permanent Police personnel, who are armed and trained to face the communal elements, alone should be entrusted with Election duties. On many occasions, polling stations are situated at locations which are difficult to guard and to give protection to the voters. It should be made mandatory that the District Police Chief should be consulted and his consent obtained in writing by the District Electoral Officers, while selecting sites for locating polling stations.

All electoral offences are to be made cognisable and all non-civil police personnel on Election duty including those of C.P.Os should be vested with police powers during Elections. They should take cognisance of all violations suo motto and initiate police action. To have a deterrent effect, all election offences are to be made strictly non-bailable.

One of the common problems faced in the field is the underutilisation of the manpower from Central Police Forces, due to the C.P.Os. sticking to their deployment guidelines. Guarding a Polling Station is not a counter-insurgency operation. C.P.Os. should be urged to adopt Civil Police norms while deploying their personnel on Election duties. There is a vast reservoir of Senior Supervisory Officers in the Central Police Organisations, who could be used with great advantage by the E.C. to supervise Police arrangements during Elections.

There is need to give specialised training on Election duties to all police personnel, particularly the Central Police personnel. The E.C. should take the initiative and fund a massive training programme to make the police personnel aware of the do’s and don’ts during Elections. Preferably these programmes should be run under the aegis of E.C.

Upright police officers face the wrath of political leaders for performing their lawful duty of preventing poll offences. Police officers on election duty are, therefore, to be protected from victimisation by the political parties which may come to power. No disciplinary action against any police officer for any delinquencies committed while on Election duty should be initiated without the prior sanction of the Election Commission and the final disposal should also be notified to the E.C.