When does free speech in politics cross the line into deliberate sabotage of constitutional institutions? That’s the uncomfortable question India must now confront as irresponsible Opposition leaders turn baseless allegations into a political tool—particularly against the Election Commission of India (ECI), the very institution that safeguards the sanctity of our democracy.
The latest transgressor is none other than Congress leader and Lok Sabha Opposition Leader Rahul Gandhi. In a wild, unsubstantiated accusation, Gandhi charged the Election Commission with being complicit in large-scale voter fraud ahead of the Bihar Assembly polls. He claimed to have “open and shut” evidence and thundered that the Commission would have “no place to hide.” But as usual, no proof followed—just soundbites designed for social media outrage.
The Election Commission, rightly outraged, hit back in a strongly worded statement, calling his allegations “baseless” and “irresponsible.” It urged its officials to ignore such political noise and remain committed to fair and transparent electoral conduct. One wonders: if the EC does not stand up for itself now, how long before its credibility is permanently eroded by repeated political mudslinging?
Worse still, Rahul Gandhi is not alone. Former Bihar Deputy Chief Minister and RJD leader Tejashwi Yadav accused the EC of tampering with his voter ID details. Ironically, BJP’s Sambit Patra has alleged that Yadav holds two voter IDs—an offense punishable under Section 17 of the Representation of the People Act, 1950 and Section 125A of the 1951 Act, both of which criminalize furnishing false information. If proven true, this could lead to not just a fine but imprisonment and disqualification from contesting elections. So, who exactly is compromising electoral integrity?
This political duplicity is nauseating. When Congress won in Karnataka, Telangana, and Himachal Pradesh, not a whisper was heard against the ECI. But when they lose—like in the Lok Sabha elections—they rush to brand the poll process as fraudulent. This selective outrage is not just hypocritical; it’s corrosive.
India must ask: why should serial offenders who smear constitutional institutions face no consequences? Why is there no statutory penalty for those who habitually undermine the Election Commission without evidence? Can we imagine any mature democracy allowing such dangerous accusations to go unchecked?
Here’s the real fault line: India lacks a concrete deterrent to such political recklessness. There is no legal provision under the current Representation of the People Act that bars or suspends a politician from contesting elections for maligning constitutional bodies. At most, a defamation suit or contempt proceedings might follow—but even these are rarely pursued to conclusion.
It’s high time Parliament considered amending the RPA to include a clause that empowers the ECI or an independent constitutional tribunal to suspend repeat offenders from contesting elections for a fixed period—say five years—if found guilty of willfully defaming the Commission without evidence. Let the law distinguish between whistleblowers and serial whiners.
Moreover, a special bipartisan parliamentary committee could be set up to probe allegations made against the ECI. If found false, the accuser should be publicly reprimanded, fined, and face temporary disqualification. The judiciary too must play a role in fast-tracking such cases so that political leaders cannot simply cry foul and then hide behind judicial delays.
Also worth considering: empower the ECI with suo motu powers to initiate legal action against parties or leaders making malicious claims. If the Supreme Court can hold individuals in contempt for undermining the judiciary’s dignity, why can’t the ECI be afforded similar legal muscle?
Opposition parties love to proclaim themselves as defenders of the Constitution. But history tells a different story. Congress governments-imposed Emergency, muzzled the press, dismissed elected governments at will, and amended the Constitution 100+ times to suit their dynastic agenda. Today, they weaponize misinformation to discredit democratic processes while calling it dissent.
The Indian voter deserves better. The ECI must be defended with not just words, but laws. Until then, political rogues will continue to cry “fraud” whenever the verdict doesn’t go their way—and get away with it.
Let’s stop rewarding chronic liars with airtime. Let’s start punishing them with the law.
