Kerala Election Row: EC Faces Fresh Questions Over Neutrality After Document Seal Controversy
· Free Press Journal
The credibility of an election is only as strong as the credibility of the institution that conducts it. In India, that institution, the Election Commission of India, has long prided itself on neutrality. But neutrality, once doubted, is not easily restored. The recent controversy in Kerala, involving the circulation of an official communication bearing the seal of the Bharatiya Janata Party, has once again cast an uncomfortable spotlight on the commission’s functioning. Even if one were to accept the explanation of a “clerical error”, the episode raises troubling questions about institutional vigilance, procedural rigour, and, above all, perception.
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The facts are stark enough. A 2019 directive relating to the disclosure of criminal antecedents of candidates was redistributed to political parties in Kerala. This document, inexplicably, carried the seal of a political party. The explanation offered by the Chief Electoral Officer—that the document had been submitted by the BJP itself and was mistakenly circulated without noticing the party seal—does little to inspire confidence. If anything, it deepens concern.
How does an official office entrusted with overseeing elections fail to detect a partisan stamp on a document it is about to share with all stakeholders? This is not a typographical error or a misplaced comma; it is a lapse that goes to the heart of institutional credibility. Critics have seized upon the incident as evidence of a deeper malaise—that the commission is increasingly perceived as being deferential to the ruling establishment. West Bengal Chief Minister Mamata Banerjee went so far as to call it proof that “the cat is out of the bag”. Such sharp political reactions may be expected in a charged electoral climate, but they gain traction only when institutional lapses provide fertile ground. The commission cannot afford to dismiss these concerns as mere rhetoric, for perception in a democracy is often as consequential as reality.
To be fair, the commission has acknowledged the lapse, initiated corrective measures, and even suspended an official pending inquiry. These are necessary steps, but they are not sufficient. What is at stake is not just an administrative oversight but the erosion of trust. The Election Commission is not an ordinary government department; it is a constitutional sentinel tasked with ensuring a level playing field. Its authority rests not on coercion but on credibility. The Kerala episode may well have been an error, but it is an error that fits too neatly into a growing narrative of institutional drift. In such circumstances, the burden of proof lies heavily on the commission to demonstrate not just fairness, but the unmistakable appearance of fairness. Anything less risks turning a constitutional guardian into a contested participant—and that would be a far greater loss than any single electoral misstep.