By Ritika Jain
Supreme Court on Thursday said the Election Commission was bound by duty to act in a fair manner, abide by the Constitutional framework and follow court directions since it held the fate of democracy in its hands.
“An Election Commission which does not ensure free and fair poll as per the rules of the game guarantees the breakdown of the foundation of the rule of law,” the court said.
The five-judge bench pointed out, “A person who is in a state of obligation or is indebted to who appointed him fails the nation and can have no place in the process of election which forms the very foundation of democracy.”
In laying guidelines on appointments to the Election Commission, the top court lamented the rise in the criminalization of politics, surge in the influence of money power and the role of a section of the media that has “turned unashamedly partisan”.
“Criminalisation of politics, with all its attendant evils, has become a nightmarish reality,” the court said. “The impact of ‘big money’ and its power to influence elections, the influence of certain sections of media, makes it also absolutely imperative that the appointment of the Election Commission, which has been declared by this Court to be the guardian of the citizenry and its Fundamental Rights…” the judgment read.
BOOM highlights the key observations from the judgment.
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Independence of the Election Commission
The Supreme Court said though political parties across the board demanded safeguards on appointments to the poll panel, successive governments shied away from undertaking the task once they came to power.
“In order to allow independence in the functioning of the Election Commission as a Constitutional body, the office of Chief Election Commissioners, as well as the Election Commissioners, have to be insulated from the executive interference,” the court said.
The executive, the court said, could bring the election commission to its knees by “starving it off or cutting off the requisite financial wherewithal and resources required for its efficient and independent functioning”.
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Means to gain power must remain pure
The top court said, “The means to gain power in a democracy must remain wholly pure and abide by the Constitution and the laws.”
An unrelenting abuse of the electoral process over a period of time is the surest way to the grave of democracy. Democracy can only work if all stakeholders uncompromisingly work at it and keep the electoral process pure, the court said
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Right to elections a fundamental right: Justice Rastogi
In his separate but concurring judgment, Justice Ajay Rastogi said the right to elections was a “reflection” of Article 21 and declared the right to vote in direct elections as a fundamental right, subject to limitations.
“The right to vote is a part of a citizen's life as it is their indispensable tool to shape their own destinies by choosing the government they want,” Justice Rastogi observed.
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Free and fair elections: Justice Rastogi
In his separate opinion, Justice Rastogi said, “Democracy works when the citizens are given a chance to decide the fate of the ruling government by casting their vote in periodical elections.”
The faith of the citizens in the democratic processes is ensured by conducting free and fair elections through an independent and neutral agency, he added. For this, he said, “an independent body in the form of the Election Commission is a must”.
“It is the duty and constitutional obligation of this Court to protect and nurture the independence of the Election Commission, he said in conclusion.
