United Nations ‘Hopes’ India’s General Election is ‘Free and Fair’
The U.S. and Germany Have Also Expressed Concerns
Newsreel Asia Insight #176
March 30, 2024
The United Nations has expressed hope for the protection of political and civil rights in India’s forthcoming national elections, emphasising the importance of a free and fair voting atmosphere. The statement comes in the context of recent political developments, including the arrest of Delhi Chief Minister Arvind Kejriwal and the freezing of the opposition Congress Party’s bank accounts.
Stephane Dujarric, the spokesperson for UN Secretary-General Antonio Guterres, addressed these concerns on March 28, underlining the UN’s aspiration for an electoral process in India that safeguards everyone’s rights, as reported by The Hindu. “What we very much hope that in India, as in any country that is having elections, that everyone’s rights are protected, including political and civil rights, and everyone is able to vote in an atmosphere that is free and fair.”
Rahul Gandhi, a Congress Member of Parliament (MP), stated at a press conference on March 21 that the freezing of the party’s accounts is an attack on Indian democracy, not just the Congress. He emphasised that the party is now unable to fund its campaign activities, including booking advertisements and mobilising leaders. “Twenty percent of India votes for us, and we are not able to pay Rs 2 for anything. We can do no campaign work, we cannot support our workers, we cannot support our candidates... This has been done two months before the election campaign,” India Today quoted Rahul Gandhi as saying.
A free and fair election is characterised by several key principles and practices that ensure the integrity of the electoral process and the legitimacy of its outcome. These include independent and impartial electoral authorities – like the Election Commission of India – oversee the electoral process, free from control or influence by competing political interests.
Further, multiple political parties and candidates can compete in the elections, and they have the freedom to campaign, express their views and hold meetings and rallies. Voters should also have access to unbiased and comprehensive information about the political parties, candidates and the electoral process, enabling them to make informed decisions. Furthermore, a clear and fair legal framework governs the electoral process, including laws and regulations that are applied uniformly and fairly to all participants.
The international spotlight on India’s political climate intensified following the U.S. response to inquiries regarding Kejriwal’s arrest and the financial constraints imposed on the Congress party. After India summoned a senior U.S. diplomat to protest comments on these issues, the U.S. reiterated its support for fair and transparent legal processes. U.S. State Department Spokesperson Matthew Miller, while refraining from discussing specific diplomatic engagements, affirmed the U.S. stance on encouraging transparent and timely legal proceedings.
In response to the U.S. State Department’s comments, India’s Ministry of External Affairs (MEA) labelled the remarks as “unwarranted,” asserting pride in its independent and robust democratic institutions. MEA Spokesperson Randhir Jaiswal emphasised India’s commitment to safeguarding its democratic and legal systems from external influences, stating that any foreign commentary on India’s electoral and legal matters is “completely unacceptable.”
Jaiswal further claimed that India’s legal processes adhere strictly to the rule of law. In an earlier MEA statement on March 27, Jaiswal defended the integrity of India’s judiciary and legal proceedings, particularly in light of the U.S. State Department’s critique of the legal actions taken in India.
The arrest of Arvind Kejriwal by the Enforcement Directorate in a money laundering case linked to the alleged excise policy scam has been a focal point of the controversy. The case involves accusations of corruption and money laundering in the formulation and implementation of the Delhi government’s excise policy for 2021-22, which was subsequently revoked.
The German Foreign Ministry has also remarked on Kejriwal’s arrest. A spokesperson of the German Foreign Ministry emphasised India’s democratic nature, expressing the expectation that judicial independence and democratic principles will be upheld in the case concerning Kejriwal, The Hindu reported.
The debate on the legitimacy of foreign criticism of a nation’s internal affairs relates to the balance between state sovereignty and universal human rights. Sovereignty suggests a state’s right to govern without external interference, yet human rights are seen as universal, transcending national boundaries, as explained in a previous Newsreel Asia Insight.
The Universal Declaration of Human Rights (UDHR), adopted in 1948, establishes that human rights are applicable to all, regardless of state sovereignty. The Responsibility to Protect (R2P), introduced in 2005, mandates international intervention to prevent atrocities like genocide and war crimes if a state fails to protect its citizens, contingent on UN Security Council approval. While R2P’s potential for misuse in geopolitical manoeuvres is criticised, it is considered a legal basis for preventing mass atrocities. Additionally, the Universal Periodic Review by the Human Rights Council involves regular reviews of UN Member States' human rights records, with India actively participating.