Report on the Mid-Term General Elections in India 1968-69 Volume 1 (General)

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REPORT

ON THE

MID-TERM GENERAL ELECTIONS IN INDIA

1968-69

VOLUME I (GENERAL)

ELECTION COMMISSION OF INDIA 1970 Inland

Rs. 1.20

Foreign 2 sh. 10 d. or 44 cents.

REPORT

ON THE

MID-TERM GENERAL ELECTIONS IN INDIA

1968-69

VOLUME I (GENERAL)

ELECTION COMMISSION OF INDIA 1970

POTTED BY STHE GENERAL MANAGER, GOVERNMENT MINTO ROAD, NEW DELHI

OF

INDIA

PRESS

K'B-1

F \6-i

PREFACE This Report which deals with the general elections in 1968-69 to a number of Legislative Assemblies (Haryana, Punjab, Uttar Pradesh, Bihar, West Bengal, Nagaland and Pondicherry) and also with the Presidential and Vice-Presidential elections in 1969 consists of two volumes, the narrative and the statistical. Volume I (General) is a comparatively short one but Volume II (Statistical) contains detailed statistical information on a number of subjects some of which are new and were not incorporated in any of the previous reports. A comparative study of the results of the general elections of 1968-69 and the 1967 general tlections shows that there was a small decrease in the percentage of votes polled at the elections of 1968-69. It came down from 57.93 per cent during the general elections of 1967 to 57.48 per cent. One redeeming feature however was that there was a sharp fall in the percentage of rejected votes. It had come down to 2.94 per cent from 5.78 per cent during 1967. This shows that our voters are becoming mature and conscious about the importance of the vote. •'; The basic statistical data were handed over to the Computer Centre of the Cabinet Secretariat and the format of tbe Tables was prescribed by the Commission. The Computer Centre tabulated the material through the computer and the printing of the report was entrusted to the Government of India Press, New Delhi. For the conduct of these elections, the principal credit goes to the huge army of election staff numbering several lakhs, such as, enumerators, inspectors, supervisors, assistant electoral registration officers and electoral registration officers, and polling officers, presiding officers, assistant returning officers, returning officers, district election officers, joint/deputy/assistant chief electoral officers and Chief Electoral Officers at the State level and the Under .Secretaries, the Secretaries and the Deputy Election Commissioners of the Election Commission and the election staff, gazetted and non-gazetted not excluding class-IV employees in the States as well as in the Secretariat of the Commission. It is not practicable to mention the names of all

these four or five lakhs of officers and employees and it will be aa invidious distinction to pick and choose and mention only a few. This much may be said that this work was a grand co-operative venture in the completion of which everybody concerned, by and large, offered his very best. I take this opportunity to express my sincere thankfulness to the various political parties and their leaders and representatives and the candidates who fought the elections for the co-operation received from them. Lastly, I shall be failing in my duty if I do not acknowledge with thanks the help and assistance received from the officers and staff of the Posts and Telegraphs Department, the Press Information Bureau, the All India Radio, the Computer Centre, the Government of India Press, New Delhi, and the Indian Airlines and the Civil Aviation Department. S. P. SEN-VARMA, Chief Election Commissioner of India. New Delhi, the 25th February, 1970.

PRELIMINARY The Fourth General Elections of 1967 brought in its trail a wind of swift changes in the political atmosphere of this country. That wind is still blowing sometimes with the velocity of a storm and at other times at lower speed. Perhaps in a developing democracy as ours is, that is not quite unexpected and may even be regarded as the teething trouble of a healthy growing child. When the results of the Fourth General Elections of 1967 were declared it was found that the Indian National Congress which had till then been the dominant political party throughout India had lost its majority in a number of State Legislative Assemblies and its majority in the House of the People had also drastically dwindled. DEFECTIONS This not only resulted in the formation of non-Congress governments in a number of States but, as there was no single party with absolute majority, the elected representatives of the people in a number of State Assemblies forgot the election promises and pledges held out to the electorate at the time of election by and on behalf of the parties by whom they were sponsored and started defecting in large numbers in quick succession from their respective parties. The elected representatives forgot that defection and re-defection from one party to another is not paying in the long run, and more often than not it acts as a boomerang hitting the person by whom it is resorted to. The moral consequences of defection and floor-crossing are sometimes far-reaching and serious. This is not the place to discuss in detail about defection. A Committee has already gone into this question and made a number of recommendations in this behalf. But it may be pointed out here that even a world renowned statesman like Winston Churchill was never fully trusted by the Conservative party of Great Britain because he crossed the floor three times. He was at first a conservative, then he became a liberal and then in the early twenties of this century he again became a conservative. In spite of his outstanding and versatile genius, he was always regarded with distrust and suspicion in the higher echelon of the

Conservative party. As one of his biographers, Robert Rhodes James Observes in the Chapter headed "The Politician" of the books "Churchill: Four Faces and the Man" at pages 65-66— "By the tune of Churchill's entry into ministerial office in December of 1905, he had changed parties once, and had incurred deep dislike on this account. To a very exceptional and remarkable extent, Churchill stood apart from party in the sense that he had no permanent commitment to any. Few men could indulge in the exchange of party acerbities with greater vigour, yet he always regarded party as essential in the sense that the horse is essential to the rider. Perhaps, unhappily, modern political confederations resent such attitudes particularly as Churchill's shifts of allegiance were never unconnected with his personal interests. Parties like to use men; they intensely dislike being used. 'To his imperious spirit,' as Gardiner commented in 1911, 'a party is only an instrument.' The lines of Pope that he applied to his father were equally applicable to him: 'Sworn to no master, of no sect am I; As drives the storm, at any door I knock.' This lack of total commitment to any party, manifested by his perennial interest in what Asquith once called 'strange coalitions and odd regroupings', goes some way towards explaining many of the vicissitudes of his career after 1905. Churchill's relationship with the Conservative party was stormy almost throughout his career. Between 1901 and 1904 he was a turbulent rebel within their ranks; for the next decade he was among their most vigorous opponents; in the Lloyd George Coalition between 1917 and 1922 he was a colleague, but never viewed with enthusiasm by the Conservatives; in 1924 he rejoined the Conservative party, but broke with the leadership in 1930 and henceforward, until war broke out in 1939, was once again a rebel. It was not altogether to be wondered at that, as Churchill wrote in the late 1920s, 'the Conserva-

tives have never liked nor trusted me'. The feeling was reciprocated. In 1940 their mutual interests brought them together in what was something considerably less than a love match, and, to the end, the Conservative party and Churchill viewed each other with wariness." i think, our defecting legislators should bear the above sayings well in mind. Two thousand and three hundred years ago, Plato in his "Republic" detailed four virtues as essential for the guardians (the legislators and rulers) of the State. They are—wisdom, courage, temperance and justice. In the modern industrial and techno-electronic age when evils and temptations are much more numerous and powerful, these cardinal virtues appear to be absolutely essential for all men holding responsible offices and positions. COALITION GOVERNMENTS AND POLITICAL PARTIES One of the principal causes for defections in a number of States after the 1967-General Elections was undoubtedly a desire for personal power and gain. No single party commanded an absolute majority in some of the States and coalition governments were formed; and this in turn accentuated the evil of defection. Practical experience of life supports the view that an administration formed by a coalition of parties is usually a weak administration, not merely because the combination is unstable but because men whose professed principles differ are likely to be entangled in inconsistencies or driven to unsatisfactory compromises. The number of political parties is a major factor for this unstable state of things. The total number of political parties registered in the Secretariat of the Election Commission is at present 75. Here I am reminded of an interesting incident which took place shortly before the mid-term elections in Bihar. I met the representatives and leaders of all the political parties functioning in Bihar in the Conference Room of the Secretariat Building. It was a fairly large gathering. In the course of the discussions about various aspects of elections, one gentleman, I have exactly forgotten his name now, stood up and informed me that he would like to form a party in Bihar and the name of that party would be "The good men's party". This shows that many people in our country even though they try to dabble in politics have not really understood the nature and implications of 3 party system;

in a representative democracy. With such a lirge number of potties functioning in the country, naturally it sometimes becomes very difficult for a single party to form any government by itself and coalition governments and united front governments sometimes become a necessity. But as pointed out above, coalition or united front governments cannot, by its very nature, always be stable government and cannot pursue any progressive policy with firmness. It has always to proceed on the basis of compromise and patch work. It may not be out of place to mention here parenthetically that politics is a very difficult as well as dangerous art because it is concerned with the power of the State, the supreme human association, and the judicious use of that power in the interests of the governed. It therefore requires immense preparation and intense training. As has been well-observed— "Political education is, in the first place, an education in the possible and the expedient; in the second place, it is an education in the use of power and authority and in the risks of power; in the third place, it is an education in practical ingenuity and versatility." —[C. A. Wilson, "Foundations of Local Government", p. 18.] A political party in a representative democracy can be a powerful iorce for good as well as evil. A party can subserve truly national well being and national interests if it lives by the principles for which it stands and if its leaders do not hesitate to recognise whatever may be sound in the views of the opponents. As Viscount Bryce said in his "Modern Democracies"— "The more a party lives by the principles for which it stands, the more it subordinates its own aims to the strength and unity of the whole people, and the more it is guided by men who can recognise whatever may be sound in the views of their opponents and prevent opposition from passing into enmity, the better will it serve the common interests of its country." Therefore the remedy against defection and against unstable coalition and united front governments is to reduce the number of political parties to a few well-knit, well-organised and well-compacted parties so that a party or a few parties in opposition may legitimately

expect to gain power and control of government at some future time. It should not be forgotten that in a democracy no party can expect to remain in power for all time to come. Perhaps that is neither good for that party nor for the people in general. This is an aspect to which all our right-thinking men and leaders of public opinion should devote their attention. MULTIPLICITY OF PARTIES AND VOTERS' CONFUSION Another serious defect of the existence of a large number of political parties is that the voters become confused because it is very difficult for them to distinguish between the relative merits and demerits of the principles, policies and programmes which are presented before them by the representatives of a large number of parties. The differences in the principles, policies and programmes of a number of parties are slender indeed. Therefore, for the interests of the voters also a large number of political parties is definitely a great handicap. In this connection, I am reminded of a poem written by E. M. Forster as long ago as in 1923. The name of the poem is "A Voter's Dilemma". It gives a true picture as to how a voter's mind worked even in Great Britain when the differences between the Conservative and the Liiieral parties were not very sharp. The poem is as follows:— "A VOTER'S DILEMMA Nice Mr Grey and Mr Brown Have recently arrived from town, Their country's interests to promote. I wonder how I ought to vote? Each is so pleasant and so rich I scarce remember which is which. Each has a wife and a cigar, Two daughters and a motor-car. Each wears a watch-chain, and of course, Each has a Military Cross, Won, during the Allies' advance, Somewhere behind the lines in France. And shares in steel and poison-gas, And oil, and coal, so that-alas!—

6 I scarce distinguish what they say, Nice Mr Brown and Mr Grey. 'Our difference' (they say to me) 'Lies in our fiscal policy'. Mr Brown's a Conservative, And certain products that arrive From certain countries, he would tax — I think he mentioned sealing-wax — While Mr Grey's a Liberal, And wouldn't tax such things at all. Each wears a watch-chain, and of course I wonder how I ought to vote? For if to either I impart The word that's graven on my heart, Nineteen-fourteen, they smile and say "We do not want a war today, We don't want war as yet; our aim Is (save for sealing-wax) the same. We're merely wanting to get in, And then-why then we can begin.' And behind Mr Brown there stands, With glittering prizes in his hands, And jolly words about the dead, The Lord High Galloper Birkenhead. And behind Mr Grey I see Great Churchill of Gallipoli, Who did immortal glory win Through Kolchak and through Denikin. Saved Antwerp, pacified the Turk, And now is needing further work. And thus, whichever way I vote, I get into the same old boat, And Mr Brown and Mr Grey Are rowing it the same old way — The way of blood and fire and tears And pestilence and profiteers —

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The way that all mankind has been Since nineteen hundred and fourteen. Nice Mr Grey! Nice Mr Brown, Why trouble to come down from town?" The sarcasm of this poem is indeed hard-hitting! MATURITY OF THE ELECTORATE The 1967-General Elections also proved for the first time that the Indian voter was reaching maturity and could no longer be taken for granted by any political party, however well-established and wellentrenched it might be. I may point out that the Indian voters, although they may be illiterate, possess a strong fund of commonsense. Before casting their votes, they consider and calculate carefully for whom they would vote. I may narrate here one instance- Only three days before the commencement of the poll in Haryana in May, 1968, I was returning to Delhi after visiting a number of towns and villages in Haryana. I was coming along a road from Gohana at about 4 p.m. I got down from the car in a village whose name I did not know and without disclosing my identity walked straight into the fields where a number of persons, men nd women, were thrashing the harvested corps. I talked to a number of elderly persons present there. They told me in the course of their talk that on the night of the next day all the villagers would meet and discuss among themselves about the relative merits of the candidates and then come to a decision as to the candidate for whom they should cast their votes. Our voters are thus intelligent and full of commonsense. They can no longer be taken for granted. They may give a party a chance on one or two occasions, but if the performance of the candidate elected by them does not come up to their expectation, then, on the next occasion they would not hesitate to exercise their choice in favour of a different candidate. One should therefore be very cautious in relying upon their electoral support. This is a point which must not be lost sight of. Here, I may mention another interesting incident of my own experience. Quite some time after the general elections of 1967, I asked one voter as to whether he would have any objection to tell me for whom he had voted. The voter, an illiterate man but very

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intelligent, told me "sahab apke pas to sach bolunga— main gaya tha to sahab ke gari men lekin vote dia sahab ke liye (Sir, I shall not utter falsehood before you. I went to the polling station in the car of Mr but I voted for Mr )". I am not divulging the names for obvious reasons. This should also serve as an eye-opener to those candidates against whom allegations are made that they do not hesitate to offer bribes to the voters and also convey them free to and from the polling stations. What our voters require is proper guidance on the right lines so that they may cast their votes in favour of the candidate of their own free choice after listening to the discussions and debates of the various political parties and candidates. They are very sensitive and have a sense of self-respect also. If they are treated badly or if they feel that they are being treated with indifference, then they will be most reluctant to cast their votes in favour of the candidate who according to them has not meted out proper treatment to them. This is my personal experience gained by free mixing with the voters in the rural areas of this vast country from the interior villages of Kashmir valley to those in Kanyakumari and from the interior villages of Nagaland to those in Maharashtra. MID-TERM GENERAL ELECTIONS OF 1968-69 One evil effect of defections and re-defections was that the Governments that were formed could not last long and President's Rule was imposed under article 356 of the Constitution in Haryana, Punjab, Uttar Pradesh, Bihar and West Bengal and mid-term general elections had consequently to be held for the constitution of the Legislative Assemblies in these States before the termination of the President's Rule. The mid-term general elections to the Haryana Legislative Assembly were held in May, 1968 and those to the Legislative Assemblies of Punjab, Uttar Pradesh, Bihar and West Bengal were held in February 1969. In addition to these five mid-term general elections in which more than one-third of the entire population and electorate of India were involved, general elections in the normal course were held at about the same time, that is to say in February and March, 1969 in the State of Nagaland and in the Union territory of Pondicherry. These mid-term elections gave an opportunity to the Election Commission to try a number of innovations.

MEETINGS WITH POLITICAL PARTIES AND CODE OF CONDUCT In the first place, before the general elections to the Legislative Assemblies of Haryana, Punjab, Uttar Pradesh, Bihar, West Bengal, Nagaland and Pondicherry, I personally had convened meetings in each State of the leaders and representatives of various political parties functioning in that State. I placed before them a code of conduct for their observance during the elections so that election campaign and propaganda might be carried on in a peaceful atmosphere. Public discussions as to the issues involved in an election have always been regarded in a democracy as more important than even the vote itself. As has been observed by a well known author, Prof. Delisle Burns in his book "Democracy" at pp. 120-121— "The actual voting is clearly less important, as Tocqueville showed, than the discussion which precedes the vote; for this discussion defines policy, illuminates the situation and the forces available for dealing with it and should make all citizens more willing to live in peace with those who disagree with them. It follows that a vote taken in a dictatorship, without preliminary discussion of opposing views and without free criticism of authorities, is not at all the same as a vote in a democracy. Votes under dictatorships are in no sense democratic. They are only cheers for whatever the government proposes, which do not at all imply any understanding of the proposal. The vote then, in a democracy is an expression of an opinion, right or wrong, wise or foolish, following upon free discussion. Public discussion between those of opposing opinions is assumed to have given the vote its quality of intelligent consent.". This free discussion of opposing views is an essential and inherent characteristic of democracy. As Prof. Ernest Barker observed in his book "The Citizen's Choice"— "The thing I mean is government by discussion—government by the free competition of different political ideas, by the process of debate between those ideas, by the method of adjusting competition and debate in a compromise whicfr reconciles differences. No form of government can be true

10 to the process of social thought unless it proceeds on that basis. My fundamental belief is a belief in government by discussion—free, patient, rational discussion. This to me is the highest form of democracy, when a free people, freely thinking its different thoughts, freely expresses them by different parties, freely debates them in a freely elected parliament, and freely reconciles them by the free inter-play and cooperation of parties—government and opposition, cabinet and anti-cabinet—in such a parliament. Government by discussion, by debate, by dialectic, this to me is the true democracy; and it is a thing which is inevitable when the mind of man, duly educated to his high nature of a rational being, is acting in its true and natural mode of operation. You may say that I believe in government by dialectic rather than in government by Demos. I reply that the Demos to which I look forward will necessarily love dialectic, the grand dialectic of public debate. 'Give me the liberty to know, to utter, and to argue freely according to conscience, above all liberties.' So said Milton. I can say nothing better, or as good; and I have nothing more to say." Or as Justice Holmes of the United States Supreme Court observed in his minority judgment in the famous case of The United States v. Schwimmer in 1929 when he was 89 years of age— "If there is any principle of the Constitution that more imperatively calls for attachment than any other it is the principle of free thought—not free thought for those who agree with us but freedom for the thought that we h a t e . . . . I would surest that the Quakers have done their share to make the country what it is.. . .1 have not supposed hitherto that we regretted our inability to expel them because they believe more than some of.us.do in the teachings of the Sermon on the Mount." Thus, free discussion being the life-blood of a democracy it is absolutely necessary and essential that discussions during election campaign and propaganda should be carried on by candidates and political parties hoirlintr opposing views in a most peaceful and orderly manner. Therefore a code of conduct for observance by

11 candidates and the political parties was prepared by the Election Commission. I made a personal appeal to the representatives and leaders of the political parties in the meetings in which I met them in the various States and handed over to them the printed copies of the code of conduct entitled "Role and Responsibilities of Political Parties during Elections: An appeal to political parties for the observance of a minimum code of conduct during election propaganda and campaign." The code is reproduced below:— "ELECTION COMMISSION OF INDIA" Role and Responsibilities of Political Parties during Elections An Appeal to political parties for the observance of a minimum code of conduct during election propaganda and campaign

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Political parties are inevitable in the working of any system of representative government. No free large country has been without them. No one has shown how representative government could be worked without them because there must always be differences of approach and opinions on public and political questions. Walter Bagehot observed in his 'English Constitution, "The House of Commons lives in a state of potential perpetual choice : at any moment it can choose a ruler and dismiss a ruler. And therefore party is inherent in it, is bone of its bone and breath of its breath."

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In a large country with a vast population like India, df there were no party organisations, by whom would public opinion be roused and educated to certain specific purposes? Each party, no doubt, tries to present its own side of the case for or against any principle, doctrine, or proposal, but the public, the electorate, cannot help learning something about the other side also, for even party-spirit cannot separate the nation into watertight compartments; and the most artful or prejudiced party spell-binder or newspaper has to recognise the existence of the arguments he, is trying to refute. Thus, party strife is a sort of education for those willing to receive instruction. As Bryce observed in his 'Modern Demo-

12 cracies'—"The parties keep a nation's mind alive, as the rise and fall of the sweeping tide freshens the water of long ocean inlets." Hence the importance of election propaganda and campaign specially before a general election. But if the parties do not observe certain minimum standards of conduct and behaviour during election propaganda and campaign whereby they try to instruct, inform and educate the voters, then the value of election propaganda and campaign as a democratic process of rousing public opinion may be reduced to nil. The Election Commission of India, therefore, appeals to all political parties to observe the following rules of conduct in connection with the ensuing election, namely:— (1) As election means free choice after discussion, the procedure of violence is diametrically opposite to the democratic process which is a process of free discussion; therefore abjure violence and violent methods in any form in the course of election propaganda and campaign. (2) Whether election propaganda or campaign is carried on by means of meetings and processions, speeches and slogans, posters and placards or by any other means— (a) make it a point not to use words or language wlhich may incite others to violence; (b) do not by any means create mutual hatred or tension between different castes and communities, religious or linguistic; (c) confine your criticism of other political parties to their principles, policies and programmes, their past record and work, but eschew criticism of all aspects of private life, unconnected with the public activities, of the leaders and workers of other political parties. Do not indulge in criticism of other parties and their leaders and workers based on unverified allegations or distortions; (d) do not make any appeal to the electorate on th& ground of religion, race, caste, community or language.

13 (3) Never use any temple, gurdwara, mosque, church or any other place of religious worship as a place for election propaganda and campaign. (4) Avoid scrupulously all activities which are corrupt practices and offences under the election law, such as the bribing of voters, intimidation of voters, personation of voters, canvassing within 100 metres of a polling station, holding public meetings during the period of 48 hours ending with the hour fixed for the close of the poll, transport and conveyance of voters to and from polling stations. (5) Let not your members, supporters, agents and employees create obstructions or disturbances in, or break up, meetings, processions, etc. organised by other parties or individual candidates. Do not lead any procession along, or hold any meeting in, places where processions and meetings are being led or held by any other party or individual candidate. The observance of these minimum, rules of conduct and behaviour will not only ensure free and fair election which is the halfmark of democracy but also greatly reduce the risk of the election of your candidates being declared void in election disputes. S. P. SEN-VARMA NEW DEmr, 26th September, 1968.

Chief Election Commissioner of India."

14 I am glad to note that the political parties and the candidates by and large kept their promise which they made to me in the meetings for observance of the code with the result that the political campaign, and propaganda, with a few minor exceptions here and there, were carried on in a peaceful atmosphere and there was hardly any untoward incident on the date or dates of poll except in a few cases. I take this opportunity of expressing my sincere thankfulness to the leaders and representatives of the various political parties and candidates who fought the mid-term elections. MEETINGS WITH ELECTION OFFICERS AND ELECTORATE la the second place, I made it a point to meet the district election officers, the returning officers and other election officers as well as the electorate as far as possible in Haryana, Punjab, Uttar Pradesh^ Bihar, West Bengal, Nagaland and Pondicherry. In each of these States I met the officers either in batches or in single meetings and gave them detailed instructions regarding the conduct of elections and their duties and functions in elections. In West Bengal, I visited a number of villages in the Sundarbans only 3 miles from the Bay of Bengal. In Nagaland, I personally met the gaonburas (village elders) in a number of villages. The gaonburas of Nagaland promised to me that they would try to make the elections a complete success by exhorting as many electors as possible to goto the polling stations to cast their votes. I am happy to mention that they kept their promise. The poll in Nagaland was conducted in the most peaceful atmosphere; and not only that, the turn-out of voters at the polling stations there was the highest ever recorded in the election history of India. In quite a number of polling stations more than 90 per cent of the voters turned out to cast their votes. This was indeed a proud achievement and does great credit to the electorate of Nagaland. I visited also a number of villages in Pondicherry. There also the election was held in a most peaceful manner. During the course of my tours I met the electors in Haryana, Punjab and Uttar Pradesh also. RADIO TALK In the third place, I also gave a radio talk from the Delhi station of All India Radio just on the eve of the elections on the 1st February, 1969. The talk is reproduced below because it gives th& broad figures and statistics relating to these mid-term elections ire some great detail:—

15 "My Feilow Citizens, You are aware that the poll in West Bengal, Bihar and Punjab will be taken on a single day, the 9th February, the poll in Nagaland on the 6th, 8th and 10th February and the poll in Uttar Pradesh in 420 constituencies on the 5th, 7th and 9th February and in the remaining five constituencies of the three Himalayan districts of Pithoragarh, Chamoli and Uttar Kashi on the 20th February. The magnitude of the task can be gauged by a few facts and figures. The total electorate in these five States this time will be 10,15,93,314 as against 9,65,66,616 on the last occasion— an increase of more than 50 lakhs. The electorate in Nagaland is the electorate in the two districts of Mokokchung and Kohima. Forty members of the Nagaland Legislative Assemly will be chosen by this electorate from the 40 assembly constituencies and the remaining 12 members of that Assembly allotted to the district of Tuensang will be chosen by the 35 members of the Regional Council for Tuensang. The total number of assembly constituencies in these five States is 1,167; Uttar Pradesh—425, Bihar—318, West Bengal— 280, Punjab—104 and Nagaland—40. These are all single—member constituencies. In Uttar Pradesh, West Bengal and Punjab the number of contesting candidates shows a little decline: Uttar Pradesh—2,871 as against 3,014 in 1967, West Bengal—1,019 as against 1,058 in 1967 and Punjab—472 as against 602 in 1967. In Bihar and Nagaland the number of contesting candidates is larger this time; Bihar—2,150 as against 2,025 in 1967 and Nagaland—144 as against 73 in 1964. In 1964 there were as many as 14 uncontested returns in Nagaland but this time there is none. In the other four States of West Bengal, Bihar, Uttar Pradesh and Punjab also there is no uncontested return. The total number of polling stations in these five States will be 1,10,554 as against 1,01,221 on the last occasion, thus recording an increase of more than 9,000. This increase is due to two main factors, namely, an increase in^he number

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16 of electors as just now pointed out and the reduction of the maximum distance from an elector's residence to his polling station from 3 miles to 2 miles. At each polling station, the polling personnel will consist of four persons, namely, one presiding officer and at least three polling officers; in a few cases the number of polling officers will be four instead of three. Thus the total number of polling personnel including reserves will be about 4,50,000. Democracy as a political ideal represents certain noble principles and certain high moral and spiritual values, such as those, laid down in the Preamble to the Constitution of India, namely, JUSTICE, LIBERTY, EQUALITY and FRATERNITY. But in practical terms as a form of government in action, the most obvious sign of democracy in any community is the vote. The very first practical step to translate into reality the noble principles and high values which democracy represents is the conferment of the right to vote, on the citizens in accordance with the rule of "one man, one vote and no more than one vote." Therefore, unless the vote, the right to vote, is conferred upon every citizen, I mean every adult citizen, democracy as a practical political creed remains incomplete, defective and unfulfilled. It is for this reason that the framers of our Constitution took a bold step when by article 326 of the Constitution they introduced adult suffrage as the basis of the system of government in this country. By their past performance the People of India have amply proved that they can no more be taken for granted. The question therefore naturally arises, what is the vote. The vote in a democracy is not merely putting in secret on the date of poll a mark on a ballot paper or where, as in Nagaland, the balloting system prevails, inserting in secret on the date of poll a ballot paper into the ballot box, in favour of a candidate; the vote in a democracy is and in any case should be, an expression of an opinion on any issue of public policy formed by the voter by listening to or participating in free discussions on various issues of public

policy relating to the governance of the State. On the same issues of public policy different views and opinions may be held by different political parties and candidates and by means of public discussions the voter is enabled to form his opinion on any such issue. This opinion he translates into practice by casting his vote in secret on the polling day. Vote in a democracy is thus not a mere mechanical thing. It is an expression of opinion, right or wrong, wise or foolish, following upon free public discussions between those of opposing views and opinions. This is why more than 130 years ago, the noted French publicist, Alexis de Tocqueville said, the actual voting in a democracy is clearly less important than the discussion which precedes the vote; for this discussion defines policy, illuminates the situation and the forces available for dealing with it and tends to make all citizens more willing to live in peace with those who disagree with them. Therefore, freedom of thought and discussion forms the very basis of elections in a democracy. But this freedom of thought, expression and discussion may be interfered with in a variety of ways, by bribing the electorate, by exercising undue influence over them, by using force, violence, threat or intimidation in public meetings and on the polling day, or by arousing their passions and prejudices by an appeal to their narrow caste, communal, tribal or religious sentiments or by making false and baseless allegations against the private and personal character and conduct of a candidate and by other corrupt and immoral means and methods. Those who indulge in these nefarious and sordid activities and corrupt practices for their selfish ends are veritable enemies of democracy. Edmund Burke adopting the language of Lord Coke, in relation to Sir Walter Raleigh, described Warren Hastings as a "spider of hell". I leave it to you, my fellow citizens, to consider and decide whether the same epithet may not be applicable to those who try to debase, corrupt and demoralise the electorate and thereby undermine the very foundation of democracy and bring about the total degradation of the entire community. Free, fair and pure election becomes, under the circumstances, well nigh impossible. A heavy responsibility therefore, lies upon the citizens, the electors, the political parties and the

18 candidates. Unless all these agencies are determined to make elections peaceful, free, pure and fair, even the best efforts of the Government and the Election Commission and the most comprehensive provisions of the law cannot achieve much. It may be mentioned here that in the United Kingdom during the last 58 years, since 1911, there has not been a single election petition on the ground of corrupt practices which have been completely eliminated. / *" Friends, all steps have been taken, all arrangements have been made and the stage has been set, for a free, fair and pure election. Elaborate instructions and directions have been issued to all election officers to behave in the performance of their election duties in the most impartial, non-partisan and neutral manner without fear or favour. For this purpose I undertook extensive tours of each of these five States and met across the table all District Magistrates, returning and assistant returning officers and other election officers too. I have warned them that if any lapse happens on the part of any election official, then, he will be visited with the direst consequences. I had also the privilege of meeting the leaders and representatives of all political parties and placed before them a short code of conduct for observance. At this supreme hour of trial I therefore appeal in all humility and with all the earnestness and emphasis I command—I appeal in the name of the People of India—to all citizens, all electors, all political parties and all candidates to help maintain and uphold an atmosphere of peace, purity and freedom wherein no violence, threat or intimidation in any shape or form will be practised either in election meetings or on the day of the poll. The voter himself is to rise up to the occasion- He must not allow himself to be cowed down by violence, intimidation or threat—those forces of evil, darkness and ignorance. He must not be tempted by illegal offer of money or other illegal gratification. He must not allow himself to be pressurised by undue influence. He must not be guided by narrow sentiments of caste, community, religion or tribe. He must not use ony free convevance on the dav cf the poll. Let him stand fearless with his head high and exercise his voting right according to his

19 own free choice and decision. If he fails and falters, the future will be dark and bleak and we shall be unfit for the freedom achieved after a long-drawn hard struggle. A famous British statesman of the eighteenth century, St. John, Viscount Bolingbroke uttred a note of caution and warning which we should do well to bear in mind at this hour. He said,— "A wise and brave people will neither be cozened or bullied out of their liberty, but a wise and brave people may cease to be such: they may degenerate. A free people may be sometimes betrayed; but no people will betray themselves and sacrifice their liberty unless they fall into a state of universal corruption vice and baseness." May Bharat Bhagya Vidhata, the Dispenser of India's destiny, the Supreme Dispenser of the destiny of mankind, nations and individuals crown our efforts for a free, fair and pure election with success so that India, this ancient land of our dream—this land which is replete with the memories of the past extending over thousands and thousands of years— memories of fulfilment and failure, of progress and regress and of prosperity and poverty—may be made safe for democracy, that supreme unifying principle of mankind, thereby ushering in an era of peace, fraternity, progress, prosperity and happiness. JAI HIND" OTHER INNOVATIONS There is a number of other innovations relating to details in the conduct of elections as mentioned below:— (1) The maximum distance between a polling station and a voter's residence was reduced to two miles. In many cases it was not more than one mile. This no doubt required an increase in the number of polling stations as well as an increase in the number of presiding and polling officers, but the additional cost (which was not much) involved in this process was more than offset by the beneficial results. Because of this reduction in distance, use of vehicles for carrying voters was definitely on a lower scale. In a bye-election in May

20

1969 I personally visited a number of polling stations in Uttar Pradesh from morning till the evening with the representatives of the political parties by whom candidates were set up and we could not find in the rural areas a single motor taxi or other motor vehicle carrying voters to the polling stations although the roads were very good and the number of polling stations we visited was between 30 and 40. Encouraged by the results, the Commission has taken a further decision in this regard in consultation with the Chief Electoral Officers of the States and Union territories. The decision is that in all future elections the maximum distance between a voter's residence and a polling station should be two kilometers (1£ miles) and not two miles. This will, it is expected, further reduce the use of vehicles in elections. As long ago as in 1861, John Stuart Mill observed in his 'Representative Government' as follows:— "The polling places should be so numerous as to be within easy reach of every voter; and no expenses of conveyance at the cost of the candidate, should be tolerated under any pretext." (Chapter X—'Mode of Voting'). (2) Another innovation which was tried on a large scale with t)he utmost success was that the presiding officer of every polling station should sign on the back of every ballot paper before it was issued to the voter. Formerly, complaints used to be received in the Commission that after the close of the poll and before counting sometimes spurious ballot papers were inserted into the ballot boxes while they were in the custody of the presiding officers or of the returning officers. After the introduction of this innovation such complaint has been eliminated practically entirely. To ensure that there remains no signed ballot paper unused after the close of the poll, strict directions have been given to the presiding officers that they should sign at a time only fifty to one hundred ballot papers according as the number of voters standing in the queue in the polling station requires so that there may not be left over any signed ballot paper which has not been used at the poll. (3) By a direction the presiding officers were required to shuffle the ballot papers at intervals of about every two hours during the polling period so that the serial numbers of the ballot papers would

21 be completely changed as a result of such shuffling. Because of theadoption of this procedure it is no longer possible for any polling agent present at a polling station to connect any ballot paper to any particular voter. The identity of voters in this way has been rendered almost impossible. (4) Elaborate instructions were given to the returning officers as to scrutiny of nomination papers and counting and recount of votes. This was- done by written instructions and directions and also by meeting them across the table in batches in the various States. I sometimes alone or with the Deputy Election Commissioner or the Secretaries visited all these seven States and discussed with them the problems that generally arise at the time of scrutiny and at the time of counting. It was impressed upon the returning officers that if at the time of scrutiny there was any doubt as to the validity or otherwise of a nomination paper, then the benefit of the doubt should invariably be given to the candidate concerned and the nomination paper should not be rejected in such a case. They were told that this was because improper rejection of a nomination paper was much more serious than improper acceptance of one. Under section 100 of the Representation of the People Act, 1951, the moment it is proved that a nomination paper was improperly rejected, then without proof of any other fact, the High Court trying the election petition is bound to declare the election void. But in the case of an improper acceptance, the case is not so stringent because where the allegation is that a nomination paper has bten improperly accepted, then besides proing this improper acceptance as a fact, another thing also has got to be proved, namely, that the result of the election has been materially affected by such improper acceptance. I had long meetings with all the returning officers of Haryana, Punjab, Uttar Pradesh, Bihar, West Bengal, Nagaland and Pondicherry. One effect of this was that the number of rejections of nomination papers Was very much less this time, (5) Detailed instructions were given to the returning officers about counting and recount of votes. They were specifically told as follows:— "Your duty is to count accurately the votes and you have therefore always the right to order your staff to recount the votes. [See R. vs. Bangor (1886) 18 Q.B.D. 354]. But the

22

right of a candidate to demand a recount under rule 63 (2) does not mean that recount can be granted for mere asking. It has been held that the party demanding recount has to make out a prima facie case that the return was not accurate and recount is necessary in the interests of justice. [See Subba Rao vs. K. B. Reddy A.I.R. 1967 A.P. 155 at p. 176. See also Stapney's case (1886) 40/M&H 34. See also the Tanjore case (1921) Hammond's Election cases 671 at page 675.] It would seem to be reasonable to allow a request for a recount in the case of a candidate about to lose his deposit where the number of votes polled for him is close to the minimum required to save his deposit. It would be unreasonable to demand a second recount if the first recount showed only minor variations from the first count and at the same time showed a very substantial majority in favour of one candidate. On the contrary it would be reasonable to demand further recounts where the voting is close and where previous recounts have shown differing results. In the United Kingdom, in the 1966 elections, as many as seven recounts were allowed at Town Hall Peterborough on the 1st April, 1966. On the first recount the Labour majority over the nearest (Conservative) rival was 163. On the second recount this majority in favour of the Labour candidate was reduced to two. On the third recount there was a majority of 2 in favour of the Conservative candidate. On the fourth recount the Conservative majority was by 6. On the fifth recount the Labour candidate gained majority by 1. On the sixth recount the Conservative candidate gained majority by 2. On the seventh recount the Conservative candidate had majority by 3. The result at the seventh recount was reluctantly accepted by the Labour candidate. But you would be justified in refusing a further recount when two or three recounts show the same result even though the difference between the contesting candidates may be very ; small.

23

You should, however, ensure that on the completion of counting, but not re-counting, and before you sign the result sheet, the candidates and the election agents present are given a reasonable, opportunity to exercise their right to ask for a recount." JUDGMENT OF THE SUPREME COURT IN PASHUPATI NATH SINGH Vs. HARIHAR PRASAD SINGH. The candidates were also advised to be very careful in the matter of filling in the forms of nomination papers. The forms of nomination papers are simple but it is found in practice that even then a good number of candidates make mistakes in filling the forms. Candidates were reminded of their duty to make and subscribe the oath or solemn affirmation as required by article 173 (in case of candidates for election to a Legislature of a State). A recent judgment of the Supreme Court has created a difficulty for candidates in this respect. In the case of Pashupati Nath Singh vs. Harihar Prasad Singh (1968) 2 SCR 812—AIR 1968 SC 1064, the Supreme Court has placed two limitations in the matter of making and subscribing the oath or solemn affirmation. In the first place, the Court ihas held that the words "having been nominated" in the form of the oath or affirmation in the Third Schedule to the Constitution of India clearly show that the oath or affirmation cannot be taken or made by a candidate before he has been nominated as a candidate. That means according to this finding of the Court that having regard to the relevant provisions contained in sections 30, 31, 32 and 33 of the Representation of the People Act, 1951 the oath or solemn affirmation can be made and subscribed by a candidate only after his nomination paper has been delivered under section 33 to the returning officer. In the second place, the Court has held that the expression "on the date fixed for scrutiny" in section 36(2) (a) of the Representation of the People Act, 1951 means "on the whole of the day on which the scrutiny of nomination has to take place". In other words, the qualificatior according to this finding of the Court must exist at the earlier moment on the day of scrutiny. This means that the oath or solemn affirmation cannot be made by a candidate at any time on the date of scrutiny even before the returning officer takes up nomination papers for such scrutiny.

24

These two restrictions put by the Supreme Court may be a source of great inconvenience to candidates. Suppose a candidate for unavoidable reasons files his nomination paper on the last date for making nominations. In such a case unless he makes and subscribes the oath or affirmation as required by the Constitution on that very day, he is debarred from doing so on the next day because the next day under the law is the date for scrutiny of nomination papers. To get over this difficulty caused by the aforesaid judgment of the Supreme Court it is proposed that the law should 'be suitably amended. In view of this difficulty the returning officers were particularly reminded about their responsibility in the matter. They were specifically directed to remind the candidates or their proposers when they appeared before them to deliver the nomination papers about the constitutional obligation to make and subscribe the oath or affirmation of allegiance to the Constitution of India and to caution them to do so immediately after the filing of the nomination papers in any case before the commencement of the date for scrutiny of nominations. Because of all such precautions, there were few rejections of nomination papers during mid-term elections. TIME-TABLE FOR ELECTIONS The time-tables for the elections in these seven States are mentioned below. In Haryana, at first it was decided to fake the poll on a single day but because of the threatened strike of the government employees it was decided to spread the poll on two days so that, if necessary, the poll could be taken even without the assistance of the government employees as presiding and polling officers. In West Bengal, it was decided with the consent of the political parties with the exception of one [the Revolutionary Communist Party of India (Tagore)] to (hold the elections in November, 1968. But suddenly in the first week of October, a huge and devastating flood unprecedented in human memory occurred in North Bengal in which a large number of persons, men, women "and children, lost their lives, and because of this devastating flood it was decided not to hold the elections in November, 1968 but to hold the elections in February, 1969 along with the elections in Punjab, Uttar Pradesh and Bihar. The notifications calling the elections under section 15 of the Representation of the People Act, 1951 and the time-table notifications under

25 section 30 of that Act were issued in the various States as shown below: II

I

NotificatTime-table Notifications issued under ion issued Section 30 under Section 15 Last date Date for Date of Date/Dates for filing «crutiny withdraof poll norninawal tions

States

Haryana .

.

Punjab . Uttar Pradesh . Bihar

.

West Bengal . Nagaland Pondicherry

.

10-4-1968 17-4-1968 18-4-1968 20-4-1968 12th & 14th May, 1968 9th Feb., 1-1-1969 8-1-1969 9-1-1969 n-i-1969 1969 1-1-1969 8-1-1969 9-1-1969 11-1-1969 5th, 7th, 9th & 20th Feb., 1969. 9th Feb., 1-1-1969 8-1-1969 9-1-1969 n-1-1969 1969 1-1-1969 8-1-1969 9-1-1969 11-1-1969 9th Feb., 1969 1-1-1969 8-1-1969 9-1-1969 n-1-1969 6th, 8th & 10th Feb., 1969 3-2-1969 10-2-1969 11-2-1969 13-2 1969 9th March, 1969

POLLING So far as the polling was concerned, because of the reduction of maximum distance from 3 miles to 2 miles and also because of the increase in the electorate since after the 1967—General Elections from 101,114,756 to 106,479,426, the number of polling stations in each of the seven States had to be increased. The increase in the number of polling stations in these States is shown in the table below:— No. of polling stations in 1967

Name of State

Haryana Punjab . . . Uttar Pradesh Bihar . . . West Bengal . Nagaland (in 1964) I'ondicherry (in 1964)

.

4.741 6,866 42»369

.

29,213 22,650 324 213

No. of polling stations in the midterm geneSal elections in 1968-69 4,900 7,400 47.125 31.504 34.191 330 332

26 INTIMIDATION AMD COERCION AT ELECTION The polling was by and large peaceful in all the seven States. From Punjab, West Bengal, Nagaland and Pondicherry hardly any complaint was received about any disturbance on the polling day or at any polling station. A few stray complaints of intimidation and coercion were received from a few polling stations in Haryana but a comparatively large number of complaints about intimidation and coercion were received from Bihar and Uttar Pradesh, especially western Uttar Pradesh. From Bihar reports of open violence in or near polling stations were also received in a number of cases. While it may be difficult to prove the truth or otherwise of these complaints according to the strict rules of evidence, the possibility of intimidation, coercion and undue influence being exercised by the powerful and economically better off sections of the community over the weaker and poorer sections cannot be altogether ruled out especially in areas where the more powerful and economically better off sections outnumber the weaker sections. The impression of such possibility was gained by me during my personal visit to about 80 polling stations on the 5th and 7th February, 1969 in some of the districts of Uttar Pradesh, namely, Meerut, Muzaffarnagar, Bulandshahr, Aligarh and Etah and of about 15/20 polling stations in the district of Rohtak in Haryana on the 14th May, 1968. Thcs impression was also gained by one of the Deputy Election Commissioners, Shri P. I. Jacob, who was present on the day of poll namely the 9th February, 1969 in Bihar. The probable causes of such large scale intimidation, coercion and undue influence are mainly social and economic. Sometimes personal factors of individual candidates also count. Casteism with all its attendant evils still prevails on a large scale in many parts of India. If caste-ridden communities are economically well off and outnumber the weaker sections, then they can successfully exercise intimidation and coercion upon the members of the weaker and poorer sections of the community because if they vote against the candidate supported by the stronger and economically better off communities, then members of the weaker and poorer sections may perhaps be boycotted economically and that will mean their hunger, starvation, disease and ultimate ruination. The Harijans and weaker and backward sections

27 of the community cannot under the circumstances dare go against the wishes of the more powerful, economically better off and more numerous caste-ridden sections of the electorate. Over and above this, if a candidate belonging to the strong and economically better off sections is a man of stature and wields influence over the local population, then it becomes very difficult for any candidate supported by the weaker sections to get elected. Therefore, if this evil of intimidation, coercion and undue influence on a large scale is to be successfully fought and eliminated, then it has to be met squarely and with courage at the political, economic, social, administrative and' also legal levels. For that, the first condition requisite is that the gravity of the evil should be genuinely recognised by everybody, by every right-thinking person and by every political party so that the leaders and representatives of all political parties and groups, irrespective of 'party or group considerations, may recognise it as an evil to be avoided at all costs and sit together and find out the ways and means, economic, political, social, administrative and legal whereby the evils of casteism and the resultant corrupt and evil practices and criminal offences of intimidation and coercion may be uprooted. Unless this is done, simply by making elaborate police arrangements on the day of the poll it may not be possible to touch the fringe of the evil. Thus, because of adequate police arrangements made on the days of the poll, namely, the 5th, 7th and 9th February in Uttar Pradesh, except only in one case, there was no adournment of the poll by the presiding officer concerned under section 57 or section 58 of the Representation of the People Act, 1951 on account of violence or breach of the peace or of the apprehended violence or apprehended breach of the peace. In the whole State of Uttar Pradesh, there was only one case of adjournment of the poll by the presiding officer of polling station No. 49—Saraut Pachhayn in 347—Aliganj assembly constituency in the district of Etah where the presiding officer adjourned the poll under section 57 because of clash between two groups of Ahirs and Thakurs just outside the polling stations. In two other polling stations Nos. 20 and 21 in 35Thakurdwara assembly constituency in the district of Moradabad, the poll was declared void under section 58 of the Representation of the People Act, 1951 necessitating a fresh poll at these two polling stations because through error old electoral rolls were supplied to the presiding officers instead of the new rolls. Therefore, fresh poll in these twf polling stations had nothing to do with violence or intimi-

2$ (dation at or near polling sttions. Thus though conditions on the day of poll at near the polling stations in Uttar Pradesh were by and large orderly and peaceful because of adequate police arrangements which were made, still the possibility of intimidation or coercion on a large scale could not be altogether ruled out. This possibility was strengthened by a large number of complaints received in the Commission during the mid-term elections in Uttar Pradesh and by complaints made to me verbally by several persons during my visits to about 80 polling stations in Western Uttar Pradesh as already mentioned. In view however of the peaceful conditions prevalent at the polling stations in Uttar Pradesh, we can legitimately conclude that if there had been practised any intimidation or coercion on a large scale, it had been practised not at or in the vicinity of polling stations on the day of poll, but by warning the voters belonging to the weaker sections of the community on days previous to the day of poll about serious consequences which would follow if they took courage to go to the polling stations to cast their votes. We should not forget that mere police and mere law are only very imperfect agencies and instruments of social control although they are absolutely indispensable. No civilised society has been without police and without law in one form or another. But no civilised society can at the same time progress and thrive only with police and law. I may in this connection cite the case of Great Britain. There even after the enactment of the draconian Corrupt and Illegal Practices Act of 1883 not only bribery and treating but the pressure and undue influence exerted by the landlords were definitely there. Even the Dorset election petition of 1911 showed that the landlord influences had not been entirely eliminated. But the desire to wipe out the corrupt practices and the tribe of electioneering parasites ultimately became the common goal of the political leaders transcendenting party differences. The major credit for the elimination of the corrupt practices from British elections since 1911 must go to the members of the House of Commons. As is stated ?by a recent writer, Cornelius O'Leary— "When all is said, however, it was the members of the House of Commons who from first to last set the moral tone, unprompted by outside pressure groups. At the cost of personal sacrifice to some of its members, Parliament managed within one generation to sweep away traditions

29 that were centuries old and were regarded by many as wellnigh ineradicable. It is an achievement of which any legislature might well be proud. —(The Elimination of Corrupt Practices in British Elections 1868—1911 p. 233)" Therefore, an all out effort is necessary by our political leaders and the representatives of all political parties and all others concerned if they sincerely desire our elections to be free, fair and pure. Every attempt should be made to create a strong and healthy public opinion also against casteism and the evils of casteism in the shape of intimidation, coercion and undue pressure. If everybody and every party is genuine and sincere in his or its efforts, then I think it is possible to create such public opinion and eliminate this evil of large-scale intimidation and coercion resulting from casteism. To fight this evil the Election Commission has already made a few experiments in the system of mobile polling stations and it has proved to be quite successful. In the next place, in the same village where casteism is strong, one or more polling stations may have to be set up in the locality or localities where the Harijans and other weaker sections of the community dwell. Further, the Representation of the People Act 1951 should also be suitably amended on the lines indicated hereafter. In the State of Bihar sometimes open violence is resorted to in or near polling stations. In the mid-term election there were 25 cases of adjourned poll or fresh poll in Bihar under sections 57 and 58 of the Representation of the People Act, 1951 because of violence resorted to by turbulent mobs at or near the polling stations. To meet the challenge of such open violence, the law should also be suitably amended. ELECTION EXPENDITURE AND CORRUPTION Some mention here should be made about election expenditure also. Views are expressed by many that candidates with big purses more often than not spend much more money in elections than the maximum amount permitted under the law and this puts the candidates with moderate means at a great disadvantage. It is stated that false returns of election expenses are filed to keep the amount shown in the return within the maximum limits set by the law. Allegations

30 are made that huge amounts are spent for bribing the voters majority of whom are poor and for using motor vehicles for free conveyance of voters to and from polling stations on the day of poll in flagrant violation of the law and for other illegal purposes. The influence, the corrupt influence, of money in politics cannot be denied or ignored. Many years ago Viscount Bryce devoted one full chapter—Chapter LXIX on "The Money Power in Politics" in his magnumopus "Modern Democracies". At the beginning of that Chapter, Bryce observed as follows:— "So long as private property exists, there will be rich men ready to corrupt, and other men, rich as well as poor, ready to be corrupted, for 'the love of money is the roof of all evil'. This has been so under all forms of government alike. The House of Commons in the days when Walpole, looking round its benches, observed, "All these men have their price." was no worse than were most of the Jacobin leaders among the French revolutionaries Democracy has no more persistent or insidious foe than the money power, to which it may say, as Dante said when he reached in his journey through hell the dwelling of the God of Riches, 'Here we found Wealth, the, great enemy.' That enemy is formidable because he works secretly, by persuasion or by deceit, rather than by force, and so takes men unawares. He is a danger to good government everywhere " According to Bryce "Corruption" may be taken to include those modes of employing money to attain private ends by political means which are criminal or at least illegal, because they induce persons charged with a public duty to transgress that duty and misuse the functions assigned to them Bryce mentions four classes of persons owing a duty to the public who may be led astray, viz., (a) Electors, (b) Members of a Legislature, (c) Administrative Officials, (d) Judicial Officials. We are mainly concerned here with corruption of the electors. Bribery of voters is a practice from which few countries have been exempt:

31 but today it is practically non-existent in the United Kingdom, in Australia, in New Zealand, in Switzerland, in France and other countries. The recommendations of the Election Commission for the amendment of the law to control expenditure will be detailed hereafter. But as pointed out already,, mere law is not enough. Again to quote Bryce, "the two safeguards on which democracy must rely are, law and opinion". Therefore, in addition to the proposals for amending the law, public opinion also must have to be aroused and awakened. Opinion forms in public life that atmosphere which— "

we call Tone and on whose purity the honour and worth of public life depend. Opinion is sometimes strangely lenient, with a standard purely conventional. The England of a century ago smiled at the candidate who gave a bribe, but despised the elector who took it. The habit was an old one, but so was the habit of duelling, so was the habit of intoxication, neither condemned by the code of custom Money will always have power, because the rich man has something to give which others are glad to receive, so Power cannot be dissevered from wealth so long as wealth exists. All that democracy can do is to watch its action with ceaseless attention, restraining its predatory habits, respecting its possessor only so far as he devotes it to purposes beneficial to the community, and regarding as 'undesirable citizens' those who use it to gain something from the public for their own benefit." :

[See Viscount Bryce—"Modern Democracies" Vol. II (Indian Edition 1962) pages 534-535.] Attention may be drawn also to the observations of Chagla, C.J. (as he then was) in Jayantilal vs. Tata Iron and Steel Co. [AIR (1958) Bombay 155L The recommendations of the Election Commission relating to election expenditure and return of election expenditure and free conveyance of voters in motor vehicles and other corrupt practices, if accepted by the Government and Parliament, will, it is hoped, go a long way in curbing illegal use of money in election.

32

ELECTION PETITIONS This short narrative will not 'be complete unless a brief reference is made to the election petitions which were filed after the mid-term general elections of 1968-69. The following table will show the number of petitions filed in each State and the number of petitions already disposed of by the High Courts and the number of appeals disposed of by and pending in the Supreme Court:— TABLE Number of Petitions filed and disposed of after 1967 General Elections y o States

Haryana Punjab 3- U. P. . 4- Bihar 5. W.Bengal . 6. Nagaland (1964) • 7. Pondicherry (1964) I.

2.

•£