Master of The Polls

By Anita Pratap/New Delhi

DEMOCRACY IN INDIA HAS LONG BEEN a lively -- often scandalous -- business. In years gone by, scores of people have died during federal and state elections where armed goons fought with knives and bombs over the chance to stuff ballot boxes for their party's choice. But for the past three years, those rough-and- tumble antics have been on the wane -- largely as a result of the will and drive of Tirunellai Narayanaiyer Seshan, 61, the country's ninth chief election commissioner, who is determined to bring law and order to the election process. Problem is, not all politicians like it; and over the past few months, to maintain his vaunted independence, the appointed commissioner has had to fight off the governing Congress Party itself.

Last week Congress beat an embarrassed retreat from its most audacious attempt yet to rein in Seshan's powers. In an unprecedented effort to tame a single official, Prime Minister P.V. Narasimha Rao's government tried to amend the constitution to make two newly appointed commissioners as powerful as the electoral supercop. Unable to muster the required two-thirds support in the 245-member upper house, Congress withdrew the bill 24 hours before the vote. Said a triumphant Seshan: "Indian democracy has won."

As an autonomous constitutional authority with the status of a supreme court judge, Seshan has wide-ranging powers to disqualify candidates, correct voters' lists, postpone elections and even withhold results when he detects malfeasance. Unlike his eight predecessors in the job, Seshan has used that authority freely, even when it meant thwarting the national government. As a result, the former bureaucrat has become a hero to voters but an obstacle to back-room wheeler-dealers. And he is not getting out of their way soon. Appointed by former Prime Minister Chandrashekhar, the commissioner's six-year term does not end until December 1996. National elections and balloting in 10 important states must be held before then. Seshan has said in advance that he will deny ruling parties unfair advantages they have always enjoyed, especially using government power, facilities and staff for improper partisan ends.

Trouble between the commissioner and the Congress Party first erupted a year ago when the government denied Seshan the authority to punish officials showing undue bias toward a political party and also to requisition paramilitary forces to keep thugs away from polling booths. Seshan retaliated by postponing by-elections in seven states, eventually forcing the government to relent. But even some opposition politicians were angry at his sweeping actions. "Seshan is well intentioned but arbitrary," contends Somnath Chatterjee, a Communist Party leader. "He has no business issuing fatwas."

But a month later, Seshan issued yet another diktat. Ignoring the Rao government's wishes, he decided to stagger balloting in four important northern states over a month, so that 40,000 troops could be deployed in each state to prevent vote rigging. The government then tried to weaken Seshan's power by appointing the two additional election commissioners to outvote his decisions, but the embattled commissioner won a supreme court injunction preventing the action. Next, Congress hit on the strategy of a constitutional amendment. V.C. Shukla, Rao's Minister for Parliamentary Affairs, argued that the reason was merely that "we want to strengthen democratic norms." But that did not wash. Said Upendra Baxi, a constitutional expert: "This is an attempt to emasculate the institution whose mission is to hold free and fair elections." Voters seemed to agree. A Times of India poll last week revealed that 62% of respondents believed Congress's motive was to "clip Seshan's wings." More than 90% felt the commissioner was doing a good job.

Their admiration was based on Seshan's whip-cracking achievements in areas such as Vaishali, an electoral district in the violence-prone Bihar state, where a federal by-election was held last month. By seeking to revoke the election, Seshan forced both Congress and opposition candidates to abide by election rules on spending limits. Admits Atal Behari Vajpayee, a legislator of the opposition Bharatiya Janata Party: "He put the fear of God into politicians." In the end, the by-election was held peacefully, and the candidate of a small local party was declared the winner.

Seshan's ability to enforce reforms is in no small measure the result of his personal probity -- and his ego. "Nobody can tempt or terrorize me," he says. "I am unbelievably fearless. I also live a life of extraordinary simplicity. I don't want anything from anybody." A strict vegetarian who does not smoke or drink, Seshan brought back nothing other than a $1.25 yo-yo after a month's visit to the U.S. three years ago. Says Jaipal Reddy, a federal legislator of the opposition Janata Dal party: "He is a bully, but his financial integrity is unquestionable."

His latest victory has left the tough-talking Seshan determined to "bash on," removing illegal immigrants from the voters' lists and setting up polling booths in areas where low-caste people and minorities can vote without fear. But Congress has not given up either. The government says that next month it will try again in its bid to dilute the commissioner's authority. By then, they hope to win over the support of some more opposition members. Warns Khushwant Singh, a prominent New Delhi newspaper columnist: "So long as Seshan is around, the war will continue."