Challenges in Electoral Oversight and Judicial Review
The current political climate, characterised by majoritarianism and potential electoral fraud, poses significant challenges to judicial systems worldwide, both in terms of jurisprudence and politics.
Opposition's Reluctance and Legislative Changes
- The reluctance of opposition parties to approach the Supreme Court regarding electoral roll issues is seen as reasonable, given recent legislative changes.
- The 2023 Chief Election Commissioner and Other Election Commissioners Act, introduced by the current government, aimed to override the Anoop Baranwal v. Union of India (2023) judgment.
- This act excludes the Chief Justice of India from the Selection Committee for the Election Commission of India (ECI), replacing them with a Cabinet Minister nominated by the Prime Minister.
Judicial Decisions and Their Implications
- The Supreme Court’s refusal to stay the enactment of the 2023 Act in the case of Dr. Jaya Thakur and others v. Union of India (2024) allowed the existing ECI structure to remain.
- This decision contrasts with the Constitution Bench's earlier stance in Anoop Baranwal, which emphasised independent ECI appointments.
Global Context and Judicial Review
- In their paper, David Landau and Rosalind Dixon outline how courts in some countries have legitimised regime actions that consolidate power and undermine democratic processes.
- Examples include Venezuela, Ecuador, and Bolivia, where judicial actions have facilitated electoral fraud and autocracies.
Constitutional Framework and Reform Needs
- Article 324 of the Indian Constitution lacks provisions for an independent body to install the ECI, prompting judicial intervention in Anoop Baranwal.
- The 2023 Act is seen as a failure of Parliament to uphold the Court's vision of an independent fourth branch.
- Compared to other countries, South Africa’s Constitution supports constitutional democracy through independent institutions, such as its Electoral Commission.
Path Forward
- To safeguard democracy, the Baranwal verdict's position should be restored, and the 2023 enactment nullified.
- A Selection Committee involving the CJI should induct a new ECI through a fresh process, acting as a Truth Commission for electoral investigations.
- The current government is encouraged to support such reforms by facilitating the removal of the existing ECI.
