The Election Commission has an onerous responsibility. The Calcutta High Court underlined this fact while the second wave of the pandemic is raging during elections in West Bengal. The importance of the EC’s function was not recalled in a positive context. Reportedly, the high court expressed its disapproval with one aspect of the EC’s role in Bengal in strong terms, saying that it was not satisfied with the material on record that the EC and its officers in the state were doing enough to implement the commission’s circulars. The court was hearing petitions that Covid-19 protocols were being flouted in election campaigns which would lead to a huge rise in infections. That such apprehensions are tragically realistic is being proved by the rising graphs of sickness and death. Campaigns, rallies, even voting sites, have become dangerous because masks are not being worn or worn properly, while physical distancing is honoured more in the breach than the observance.

The Calcutta High Court reportedly found that the EC’s affidavit was ‘unable to update’ the court on what has been done to enforce Covid-19 guidelines in campaigns and poll booths, and asked it to file a shorter one. Circulars and meetings are not enough to discharge the EC’s onerous responsibility, according to the court. It was scathing in declaring that it was sure circulars were not mere advisories to be wrapped up by the political parties or those engaged in political propaganda or the public. Most important, the court reminded the EC of its accountability to the Representation of the People Act as well as to the people, who needed to trust the institution that the exercise of democracy would be upheld with the necessary health safeguards even during the challenge posed by the pandemic. At a time when the EC is being seen increasingly as being driven by other than neutral interests, the Calcutta High Court’s remarks show up its present inadequacy as the guardian of democracy. Allowing a long, eight-phase election in a state, any state, in the middle of a pandemic, with no bar or restraint on election rallies, can scarcely be perceived as being in the people’s interest. The Calcutta High Court has brought up just one part of the EC’s onerous role. But the remarks may bring to mind the other parts as well.