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  • The Supreme Court issued notice to the Centre and the Election Commission on a petition challenging Section 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, which grants the CEC and Election Commissioners protection from legal proceedings for acts performed in their official duties. The petition argues that such blanket immunity could leave citizens without an effective remedy for alleged wrongdoing by the Commission
  • The Supreme Court told voters whose names were deleted from Delhi's draft electoral rolls not to be apprehensive about seeking re-enrolment through Form 6, after the Election Commission assured it that such applicants would not be prosecuted merely because their names had appeared in earlier rolls
  • Congress leader Rahul Gandhi opened the party's campaign for the 2027 Punjab Assembly elections with an Insaaf rally in Sangrur, Chief Minister Bhagwant Mann's home district, accusing the AAP government of failing to control drugs, gangster violence and corruption. Congress president Mallikarjun Kharge outlined six commitments, including a drug-free Punjab, protection of farmers, employment for young people and action against corruption
  • Rahul Gandhi accused the AAP government of running Punjab through a remote control from Delhi and questioned Bhagwant Mann's ability to tackle drug abuse, making personal allegations about the Chief Minister's conduct during their time together in Parliament
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Independence Of State Election Commissions Cannot Be Jeopardized

By Linus Garg
First publised on 2021-03-13 02:51:31

About the Author

Sunil Garodia Linus tackles things head-on. He takes sides in his analysis and it fits excellently with our editorial policy. No 'maybe's' and 'allegedly' for him, only things in black and white.

Are state governments ignorant of laws (in which case it needs to be examined what their law officers and legal advisors are doing) or do they try to test the patience of the Supreme Court in doing things that are not allowed? In an incomprehensible and controversial move, the Goa government appointed its law secretary as the state Election Commissioner by giving him additional charge of the same. No serving government officer can be appointed election commissioner as per law. Ironically, it was the law secretary himself who was appointed and it was his duty to point out to the government that this was not as per law.

The Supreme Court has come down heavily on the Goa government for this act. The court said that such appointments "made a mockery of the constitutional mandate that state ECs must be truly independent bodies". The court used the powers granted to it under Article 142 of the Constitution to bar all state governments from appointing any serving bureaucrat as ad hoc state election commissioner.

With the office of the Election Commissioner facing charges of bias (most recently when the central Election Commission decided to hold West Bengal elections in eight phases and the TMC alleged that this decision was taken at the behest of the BJP), it is absolutely necessary that the body not only remains independent but is seen to be so. If serving bureaucrats are appointed as state election commissioners, they would be open to bias and charges of bias. There will also be a good chance that they will serve to further the interests of the ruling party. This situation cannot be allowed to exist.

The Supreme Court has done well to use its special powers and put a stop to this practice. In a democracy, it is necessary that elections are held in a free and fair manner so that a legitimate government can rule without tension. If the Election Commission is not independent, the elections might be manipulated and the government will lose its legitimacy. Hence, it is in the interest of the nation to have an independent EC that is not open to pressure from the ruling party, whether at the Centre or in the states.

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