Shivam Vij
Having just concluded assembly elections in Mizoram, Rajasthan, Madhya Pradesh, Delhi and Chhattisgarh, the Election Commission of India is suffering from fatigue. This at a time when talk of general elections is in the air. AN Jha, Deputy Election Commissioner, spoke at length to Shivam Vij on the media’s role in the electoral process.
What do you think is the media’s role in the electoral process? What do you expect from the media?
The media has a very major role considering that it is all-pervasive these days, the print media as well as the electronic media. They have the advantage of a wide network with a reach and vast viewership in villages, small towns, all across the country.
What is expected of the media is that they will report events correctly. Facts help us a lot in assessing any situation because they can give us information that normally does not come through government channels. Secondly, the pervasiveness of the media is also a big advantage because they play the role of a watchdog on the election machinery in the states.
On the election commissions in the states?
No, on the election machinery in the states. The election machinery consists of a network of government officers. So correct and timely reporting exposes any wrongdoing on their part, which may be happening in the field and may not be reported to us.
To what extent do you rely on media reports?
To a great extent, but not fully. Because there may be some bias in media reports but at least the basic facts come up. When a report is published that something has gone wrong, we conduct our own investigations on that basis and decide what is to be done.
We also had elections in Mizoram this time. Do you think is there enough coverage of elections in north-eastern states?
There is certainly not enough coverage, especially when you compare it with the so-called mainstream states. Elections in Mizoram did not only take place peacefully, but they were also very well conducted. They didn’t have any problems in operating EVMs (electronic voting machines) in a difficult terrain where the communications network is not as well-developed as it is in other parts of the country. The people in Mizoram also responded to EVM’s in a big way. Plus the people had their own code of conduct for political parties which was in operation in the state, thanks to the Christian and youth organizations. The media should have highlighted this because people in other parts of the country have a lot to learn from it.
In Chhatisgarh we had the Judeo videotape controversy where the BJP candidate was allegedly caught accepting bribes on camera. BJP leaders alleged that technology and the media were being misused to subvert their chances. After the elections we had the Jogi audiotape controversy. Are you keeping an eye on these things?
These are things that the public has to decide. I can’t comment on them.
But if indeed the media is being misused to influence voters, shouldn’t this be under the purview of the model code of conduct?
The model code of conduct is a different thing, it is being fully enforced. It consists of things on which there has been consensus over years and the Commission makes the parties abide by this model code. But on these specific controversies I don’t have anything to say.
What if the media is misused by one candidate against another?
The media has the liberty to write what it wants to. Under the garb of freedom of press they write a lot of things. They should have their own code of conduct, which the Press Council implements.
The model code of conduct has it that two days before polling, all campaigning has to end. But some politicians had issued advertisements in the papers even after that.
This rule does not apply to the print media. They are not allowed to take out public processions, hold public meetings, and use TV or radio for propagation. Some years ago we stopped candidates from bringing out advertisements in the papers after the campaigning period ends, but the Supreme Court allowed them.
Perhaps this is because the print media does not have as much impact as radio or television?
But this law was made when TV was far from what it is today. Doordarshan was the single broadcaster at the time.
In one constituency in Delhi I saw that a pamphlet came out with the newspaper couple of days before polling. The pamphlet alleged that the Congress candidate was a rapist, had his photograph and the Congress colours, but there was no name of the person who issued the pamphlet.
These are electoral offences under the Representation of People’s Act. For every pamphlet that is printed permission of the district election officer, the district magistrate, has to be taken. He is to be informed of the content, name of the printing press, etc. So if any candidate-related pamphlet has been published by his opponent or anyone else, the collector or DM of the area should find out and investigate the matter and take action against the culprit.
The Election Commission has no direct role?
The DM has to implement the law on our behalf, it’s under the law. Sitting here, we cannot take action against all and sundry.
Of the states that had elections this time, which was the most difficult in terms of complaints, repolling, etc.
All states have problems in some form or the other, but the Naxal-infected districts of Chhatisgarh were logistically the most difficult.
Did the media coverage of this area help you?
Only to some extent, because they did not travel too much into the interiors. They covered the administrative arrangements quite well, and did help in building the confidence of the voters.
Do opinion polls published in the media have a role in influencing the voter?
To some extent, people who do read opinion polls may get influenced. Those who are marginal voters, sitting on the fence, may decide with the opinion polls in mind. The courts have held that opinion polls and exit polls are permissible under our constitutional framework. People also judge opinion polls in their own way, often proving them incorrect.
What has been the Election Commission’s experience with the media in the Gujarat and Jammu & Kashmir elections.
The Gujarat situation was an extraordinary one. The state had witnessed major communal riots for about 2-3 months, at a time when the assembly was dissolved. So when our time went there we were skeptical about the whole thing, about the manner in which we would conduct our enquiry [about whether the state if fit to go for polls], and the response we would get from the state administration.
We were hesitant to include the media in a big way in our process of enquiry because the media tends to overplay some things, put words into one’s mouth, and twist statements. There were certain features of the enquiry which we felt were not to be shared publicly till such time as we did not reach a decision. We were reluctant about whether we should involve the media at all.
But when we went for the enquiry, the media trailed us right through. When we visited the riot camps, people were hesitant to come out because they didn’t know who we were, whether we were part of the government, what was our role. But when they saw TV cameras and microphones, they started coming out. They thought they could use this opportunity to share their woes with the world. As a result, the response was overwhelming. A large number of people started coming in.
For the media too, this was the best opportunity because they had earlier been prevented from visiting camps and other places. As part of our team, they got access to areas they earlier didn’t.
We developed a symbiotic relationship that continued in Jammu & Kashmir. The media felt that after the Gujarat elections, they needed to support the efforts of the Election Commission. Through us they again got access to various things that through government channels they could not. They positive image of the Election Commission in the media in Gujarat also helped us win the confidence of the people in J&K that we will hold free and fair elections.
contact: shivam_vij@yahoo.co.in