LETTER | How could the whole country misunderstand the Election Commission’s claim that it is independent, and based on this “fake” understanding, condemn it as not being independent?

The EC’s claim should be looked at in the context it was made, and not taken out of that context and interpreted in some other idealistic ways.

The EC is untouchable. That is the context in which it works – untouchability. In a recent statement, retired Federal Court judge Gopal Sri Ram expressed concern over recent court decisions, and said appellate judges including those from the Federal Court should appreciate the role of law in the sphere of constitutionalism.

When even the courts agree with the EC that 30,000 or so voters (in a BN supporting constituency) is “approximately equal” to 120,000 in another (non-BN supporting), then the only logical explanation is that the commission is indeed independent of the law, as it does not have to answer to it.

Otherwise, why would any court not see that the figure of 30,000 is not by any stretch of the imagination “approximately equal” to 120,000 or so in another.

Don’t tell us that our education system that produced the officers serving in the EC and the courts were taught that “approximately equal to” is simply what one imagines it to be, meaning that the mathematical meaning of “approximate” must never be used when talking of electoral constituencies.

If the EC were not independent of Parliament, then why would it be submitting its redelineation exercise report to the prime minister in the first instance and not to Parliament?

Why then is the EC so independent? Well, the de facto head of the EC is not its chairperson, who is a mere figurehead. The real boss is the prime minister.

To begin with, the EC is an integral part of the Prime Minister’s Department. As such, its chairperson answers to the prime minister. He is beholden to the prime minister. He cannot bite the proverbial hand that feeds him, can he?

Well, if the EC did try to be funny by making constituencies really “approximately equal” (in the sense of the meaning of “approximately equal” that kindergarten children are taught), then the chairperson’s removal would likely be advised, for acting against “national” interests, i.e., not to rock the boat.

So the EC, like a captain of the BN ship, has to remain independent of all laws so that it can steer the ship out of turbulent seas into equanimous seas. In desperate times, when survival is at stake, rules of law, morality, ethics, and feelings of guilt and shame are all discarded.

The views expressed here are those of the author/contributor and do not necessarily represent the views of Malaysiakini.