Is it impartial EC’s business to ban TV interviews?

The EC’s banning of Rahul Gandhi’s interview, in the opinion of the Congress, is unconscionable , and the filing of FIR’s against TV channels, an over-reaction. (Express photo: Javed Raja)

There is an old saying that one should never take democracy for granted. A perfect example that fits that aphorism is the perceptible transformation of the once liberal state of Turkey, which under President Recip Erdogan, has become an authoritarian country. Several intellectuals as well as journalists critical of the establishment, authors, civil society activists and liberal thinkers questioning state intimidation find themselves languishing in prison.

In this age of hyper-nationalism and ethnic chauvinism, when freedom of speech becomes a formidable threat, the Turkish example is not alone. Russia, Venezuela, Hungary and Malaysia are other examples of a new hybrid called “illiberal democracies”, which incorporates two contradictory features — democratically chosen leaders who wield an iron fist under a velvet glove.

These countries have no compunctions in overwhelming democratic institutions to suit their political objectives. The filing of an official complaint against Congress President-elect Mr Rahul Gandhi’s televised interviews and the lodging of a First Information Report against TV channels that aired the program must be seen in the larger context of the dangerous threat to our democracy. Evidently, things are palpably changing. And our apprehensions are legitimate. Quo vadis, India?

Gujarat has seen an unprecedented combustible campaign between the ruling BJP and the Congress party. On several occasions, it has transgressed into vicious, feral rhetoric bordering on incalculable toxicity. The fact that Prime Minister Modi made preposterous accusations against the distinguished former Prime Minister Dr Manmohan Singh and a smorgasbord of intellectuals comprising of a former Army Chief, senior retired foreign service diplomats and eminent citizens, was an abysmal low. But the seminal question is, should an electoral battle reduce India’s robust democracy into a farcical joke? It seems so.

The Election Commission of India is meant to be an impartial, dispassionate institution that undertakes a gargantuan task to preserve our democratic infrastructure. It has the onerous responsibility of ensuring that elections are not just held in a free and fair manner, but are also seen to be so. Ensuring a level-playing field amongst political competitors high on verbal energy is never an easy task, but in our chaotic cacophonic democracy that should be expected.

The EC’s banning of Mr Gandhi’s interview , in the opinion of the Congress, is unconscionable , and the filing of FIR’s against TV channels, an over-reaction. Post- campaign closure, Mr Gandhi was commentating on various issues, largely to do with his imminent takeover as Congress President. Quite naturally, there were questions raised on the highly vitriolic pitch of the BJP, besides his own prognostications about the December 18^th verdict. It was like any quotidian conversation between a senior political leader and a journalist.

So how does the airing of TV interviews where there are specific questions being asked tantamount to electoral canvassing? By the same yardstick, shouldn’t the EC have taken stern action against PM Modi for giving a lengthy speech at FICCI’s business forum in a fully televised (and subsequently debated at primetime news), wherein he made several disingenuous allegations against the Congress party speaking from a choreographed script? Does the EC condone this act of blatant political legerdemain? What’s sauce for the goose should be sauce for the gander too, right?

Incidentally, Mr Modi’s alleged daylight contravention of the model code of conduct was not an isolated instance, as the BJP had resorted to a laundry-list of brazen violations. Finance Minister Arun Jaitley released the BJP manifesto just a day before the first phase of polling on December 9^th; naturally, it attracted TV eyeballs and the photographers’ flashlights; is that kosher, EC? Piyush Goyal held several press conferences with a clear political intent to score electoral points but got a clear chit by the EC. It seems as if different benchmarks are applied to the BJP and for the Congress which smack of political prejudice and hypocrisy.

In this millennial age of social media, perhaps some of the EC laws have become anachronistic, irrelevant. Twitter, Facebook, YouTube, WhatsApp have a stratospheric and beguiling intimacy with the end-user, and are beyond regulatory fiats. Mr Gandhi’s interview circulated with extraordinary velocity, but the humongous TV impact was denied. Clearly, a serious revision is called for with all concerned stakeholders.

Also, the EC seems oblivious to the full-page advertisements that appear in daily newspapers on voting day; is that not open soliciting for votes, where the political party with deep pockets gets a distinct advantage? Moreover, when there are multiple-phase elections, aren’t speeches made in constituencies going to the polls on another day, but televised live, open to impacting voters where the booths are open? Incidentally, the Hindi newspaper ‘Dainik Jagran’ was accused of favoring the BJP in exit polls during the Uttar Pradesh elections. One is not aware of how the EC punished the alleged culprits. Several political heavyweights from the BJP went unpunished despite making the most vituperative, violent speeches. It is clear that the rules need to be made both less amorphous and as a result, less arbitrary.

The EC is a highly venerable, sacrosanct body that has a unique constitutional status. It has the massive responsibility to make sure it has an impregnable reputation. It should never appear compromised on account of political pressures. Reductionist arguments in defense will not suffice. Governments will come and go, but Indian democracy has to live forever. In the interim, perhaps the best answer lies in the Indian voter punishing the politically immoral by exercising his ballot at the hustings. Hopefully, on December 18, we will see that happen.