'If Those Conducting Elections Become Dependent on Politicians...', SC warns against politicization of elections
Justice B.V. Nagarathna emphasized the importance of independent institutions like the Election Commission, stating that their dependence on politicians could compromise the fairness of the electoral process
Patna (The Uttam Hindu): Supreme Court judge Justice B.V. Nagarathna has made a major statement regarding the independence of the country's key constitutional institutions. On Saturday, she categorically stated that institutions like the Election Commission should operate completely independently and should not be influenced by any political reaction or pressure. Delivering the Dr. Rajendra Prasad Memorial Lecture at Patna's Chanakya National Law University, Justice Nagarathna expressed several serious concerns about the electoral process and political control.
'It is very important for institutions like the Election Commission and the CAG to remain independent'
Expressing his views on constitutionalism beyond rights, Justice Nagarathna stated that key institutions such as the Election Commission, the Comptroller and Auditor General (CAG), and the Finance Commission are designed similarly. These institutions are specialized and independent of external influences. They are tasked with overseeing critical areas where normal political processes may not be sufficient to ensure impartiality. He emphasized that it is crucial to the country's democracy that all these institutions function independently, without any political pressure and are not influenced by any political party.
"Control over the electoral process means control over all power"
Commenting on the crucial role of the Election Commission in India's robust democracy, Justice Nagarathna said that elections are not merely a periodic event, but a powerful mechanism through which the country's political power is formed. He said that our constitutional democracy has amply demonstrated that timely elections ensure a smooth transition of government. Therefore, controlling the electoral process directly implies controlling the very terms of political competition. Citing the case of TN Seshan vs. Union of India, he recalled that the Supreme Court has recognized the Election Commission as a crucial constitutional institution.
He advised us to learn from history and explained the real reason behind the decline
Expressing deep concern during his address, Justice Nagarathna stated that if those conducting elections become dependent on those contesting them, the fairness of the entire electoral process can never be ensured. He stated that history teaches us the bitter lesson that the collapse of any constitutional framework begins when its structure is weakened, and the violation of the rights of ordinary people is only a subsequent process. When constitutional institutions cease to monitor each other, there is effectively no check on power, even though elections continue to be held, Parliament enacts laws, and the courts continue to function.