It is imperative for the survival of societies, and their political, social, cultural, and economic structures to evolve and adapt to their ever-changing circumstances. The Covid-19 pandemic is the most relevant instance of one such situation that compelled nations across the globe to work in unprecedented circumstances. The management of this public health crisis has only been one among a myriad of other battles. The implementation of endless health protocols, and the crumbling health infrastructure engendered ripple effects in every structure and institution, rendering blows to their foundations and simultaneously dropping the veil on their many fallacies.
In this context, democratic nations were confronted with the onerous task of conducting elections. Initially, this challenge pitted the fundamental rights of the Right to Life with the civil rights, particularly the right to vote, of the citizens. However, as neither could be left behind without hindering the integrity of the democratic ethos and electoral process, governments rose to the challenge and came up with novel solutions to strike a balance.
The first question that arose in the process was related to the feasibility of conducting elections in such precarious circumstances. The initial action involved the postponement of elections in order to assess the situation and come up with effective solutions. According to a report by the Institute for Democracy and Electoral Assistance(IDEA), between February 21, 2020 and December 31, 2021, about eighty countries postponed their national and subnational elections (https://www.idea.int/news-media/multimedia-reports/global-overview-covid-19-impact-elections).
However, this was a one-time measure that could not be repeated without translating into exceptional circumstances like President’s Rule (in India) or the encroachment of the civil rights of the citizens. While in some cases, the decision to postpone was a result of bona fide concerns for public health, in other cases, it raised uncomfortable, yet pertinent questions regarding the advantageous position it awarded the ruling parties, triggering disputes with those in opposition.(https://carnegieendowment.org/2020/07/29/can-elections-be-credible-during-pandemic-pub-82380)
In planning the elections, the organizing authorities had to tackle a plethora of concerns. First and foremost, there was the challenge of precluding a significant decline in voter registration and participation as this would undermine the representative nature of the results. Consequently, the novel exigencies engendered by the pandemic required the organization of provisions that catered to the population who were covid positive, in home or institutional quarantine, and those stranded abroad due to imposition of lockdowns. (https://carnegieendowment.org/2020/07/29/can-elections-be-credible-during-pandemic-pub-82380)
Equally necessary was to make arrangements for the campaigning period before elections. The crowded nature of these rallies and campaigns meant that they had the potential of being super-spreader events. Furthermore, amidst the chaos and confusion of the pandemic, ensuring “free and fair” elections became an especially arduous task that required careful forethought. There was also the matter of allocation of sufficient funds for the new requirements.
Apart from such preventive measures, corrective and punitive measures were also put in place against the violations of the rules and guidelines established. Part of this also involved tackling the storm of misinformation on social media threatening to disillusion the population. (https://www.mccaininstitute.org/resources/reports/global-elections-and-covid-19-lessons-learned-and-the-way-forward/)
Looking inwards, we now focus on the peculiarities of the Indian election experience during this pandemic, particularly the 2021 state assembly elections.
Before going in-depth about the measures taken or not during these elections, we need to analyse the role and authority of the Election Commision of India (ECI) in this process. Article 324 of Part XV of the Indian Constitution confers upon the ECI the responsibility for the “superintendence, direction, and control of elections”. This accords the ECI with wide-ranging powers vis-a-vis the conduct of elections, some of which are also legislative and judicial in nature. Hence, in the case of a pandemic, the ECI is empowered to implement guidelines as it may deem fit. However, these guidelines have to comply with the public health emergency measures. This is a reference to the invocation of the Epidemic Diseases Act of 1897, and the National Disaster Management Act of, 2005 which arms the Ministry of Home Affairs (MHA) with enhanced control over public order and health. Thus, the guidelines of the ECI are subject to the ordinances of the MHA. At the same time, it also enables the ECI to derive punitive control from it. (https://cnpr.in/the-role-of-the-eci-to-conduct-elections-in-a-pandemic/)
It is in this context that the ECI was required to conduct the 2021 assembly elections. Between 6 April – 29 April, 2021, India held elections to the legislative assembly in Assam, Kerala, Puducherry, Tamil Nadu, and West Bengal. For the same, the ECI released guidelines which were subject to change based on the needs of individual states.
For the door-to-door campaigns, the number of people was restricted to five. The online filing of nominations of candidates was also organized. While public rallies and meetings were not banned, they were required to adhere to the general Covid-19 guidelines and public meetings were only permitted to be held in grounds reserved for this purpose by the district election officer. Similarly, other precautionary measures were adopted for the voting process like, thermal scanning, availability of face masks, sanitisers, soap and water, and gloves. To ensure social distancing, more public booths were installed, and the permitted number of electors per booth was reduced from 1500 to 1000. Provisions were also made for those with Covid-19 symptoms, with the last hour of voting being dedicated to these individuals. Furthermore, the option of postal ballots was extended to voters above the age of 80, persons with disabilities, those in essential services, and Covid-19 positive patients in institutional or home quarantine. However, the ECI refrained from making a move towards digital campaigns. (https://www.epw.in/journal/2021/21/commentary/elections-pandemic.html)
A blatant disregard of these regulations compelled the ECI to impose stricter measures which ultimately involved banning all road shows, vehicle rallies, padyatras, and victory rallies, and increase the silent period prior to the elections from 48 to 72 hours to ensure efficient preparation. (https://www.epw.in/journal/2021/21/commentary/elections-pandemic.html)
In terms of punitive action, those violating the Covid-19 measures could be proceeded against based on the provisions of Section 51 to 60 of the Disaster Management Act, 2005, and under Section 188 of the Indian Penal Code(IPC). https://cnpr.in/the-role-of-the-eci-to-conduct-elections-in-a-pandemic/)
In light of the high number of violations, and the onset of the 2nd wave of Covid-19 in India, the Madras High Court Bench, on 24 April, held the ECI “singularly responsible” for the situation. In this context, the election rallies were perceived as being super-spreaders. However, the extent to which they contributed towards the rising cases remains debatable and there has been no consensus on this so far. (https://cnpr.in/the-role-of-the-eci-to-conduct-elections-in-a-pandemic/)
With the precedent of these 2021 elections, and those conducted by other countries, more guidelines have been issued for the upcoming 2022 elections. These include elections in the states of Uttar Pradesh, Punjab, Uttarakhand, Goa, and Manipur between 10 February and 7 March. Elections for Himachal Pradesh and Gujarat will be conducted in October and December respectively. (https://www.ndtv.com/india-news/assembly-election-2022-dates-schedule-live-updates-poll-body-to-announce-dates-for-assembly-elections-in-5-states-at-3-30-pm-2696143)
The ECI has taken into consideration the Omicron spread and has imposed a ban on physical rallies and roadshows till 31 January. A relaxation of the ban on physical meetings of political parties and contesting canidates will be introduced in two phases, with phase 1 starting from January 28 and phase 2 from February 1. Additionally, the limit of five people for door-to-door campaigning has been increased to ten. (https://timesofindia.indiatimes.com/india/ec-extends-ban-on-rallies-roadshows-in-poll-bound-states-till-january-22/articleshow/88918051.cms)
This decision has faced some opposition due to the differing capabilities of parties to conduct a successful online campaign, thereby creating a situation of disadvantage for some. In this case, effort must be made to ensure a level playing field. (https://www.tribuneindia.com/news/editorials/challenges-for-eci-360087)
The ECI has also ordered for sanitization of polling stations a day before the poll and the use of gloves while voting on the EVM. (https://news.abplive.com/elections/elections-2022-here-s-how-covid-positive-persons-suspected-cases-will-be-able-to-cast-vote-1505156)Additionally, the Election Commissioner, Sushil Chandra, has assured precautionary doses for all election officials and employees. (https://www.timesnownews.com/india/article/assembly-elections-2022-eci-issues-strict-covid19-guidelines-for-upcoming-polls-in-5-states-details/847657)
As history has repeatedly shown, a public health crisis, perceived as a moment of vulnerability, can transform into an opportunity for grabbing power and unlawful activities, thereby making its management a task involving high stakes. Today, it has created gaps for the rise of undemocratic behaviour and augmented party politics that have left no space for human concern. In an ideal world, the aspiring leaders of the country would set aside their differences and stand in unity to ensure, first and foremost, the safety of the population, and the integrity of the democratic processes. However, in our highly polarized world, where virtue seems to have all but disappeared from politics, the question of the conduct of elections during a pandemic has led to a crisis on multiple fronts; it has engendered a battle between civil rights and health rights, put to test the resilience of our democratic system, and challenged the tenacity and goodwill of those in power to ensure its integrity.
In a country like India, wherein elections are already a mammoth exercise, the pandemic has complicated matters exponentially. The imposition of restrictions is but one requirement to ensure efficient conduct; a huge chunk of the responsibility lies with the competing and campaigning candidates, who often manage to secure impunity against punitive measures, to comply with these regulations. In the case of India, while the phased in-person voting seems to be the feasible option, it requires, without fault, compliance with the health protocols, supplemented by a strong, impartial corrective mechanism.
Moving forward, the experience of 2021 elections must be factored in to prepare adequately for the upcoming elections, and the role of the authorities becomes to leave no stone unturned to ensure the timely, safe, inclusive, and free and fair conduct of elections.
Being an art and culture enthusiast, Sumira is an avid reader, a passionate dancer and a curious writer. She has a keen desire to learn and feels strongly about the issues of diversity and inclusivity. She finds solace in food, music and the company of her friends.
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