Everything in the Garden of Elections is not lovely
The Supreme Court of India, in the case of Kuldeep Kumar vs Union Territory of Chandigarh and Others, emphasized the critical importance of free and fair elections as a fundamental aspect of the Constitution's basic structure. The Court reiterated that elections at the grassroots level serve as a miniature representation of the larger democratic framework of the country. It emphasized that maintaining a transparent and fair electoral process is essential to uphold the legitimacy and trust in representative democracy.
The judgment, delivered on February 20, 2024, by Chief Justice of India, D.Y. Chandrachud, along with Justices J.B. Pardiwala and Manoj Misra, has assumed a significant role in the current context. The Court's reaffirmation of the importance of free and fair elections in this case resonates deeply, especially given the ongoing debates and discussions surrounding electoral integrity and democratic principles.
The Significance of Upcoming General Elections
India is on the brink of conducting a general election of monumental importance within its democratic history. As a stalwart of democracy, India has long been admired for its liberal, pluralist, and secular values, particularly in Asia. However, there are growing concerns about the possibility of a shift towards some form of theocracy, fueled by heightened religiosity permeating the political landscape. This election carries immense weight as it unfolds amidst a backdrop of apprehension regarding the country's political trajectory.
The Chandigarh Mayor's Election Case
While seemingly an isolated incident, the Chandigarh Mayor's election case exposed significant political implications. The involvement of a Returning Officer affiliated with the Bharatiya Janata Party (BJP) in marking and invalidating valid ballots cast in favour of opposition candidates underscored the erosion of electoral integrity. The Supreme Court, recognizing the gravity of the situation, intervened to ensure justice and safeguard the electoral process.
Judicial Intervention and Public Morale
The Supreme Court's observation, asserting its duty to uphold the sanctity of electoral democracy, resonated profoundly. It highlighted the concerning degeneration within the system, exemplified by the audacious subversion of the electoral process by a municipal official. The defence of such actions by senior government law officers and the failure of the High Court to address blatant electoral misconduct further underscored the challenges faced in preserving electoral integrity.
Strengthening Democratic Institutions
India's founding fathers enshrined safeguards within the constitutional and legal framework to protect the electoral system. Judicial interventions, exemplified by recent Supreme Court rulings on issues like electoral bonds and the Chandigarh mayoral elections, play a crucial role in restoring public trust and holding accountable those who undermine democratic principles.
The Role of Secularism in Electoral Integrity
As India prepares for the upcoming Lok Sabha elections amidst unprecedented religious fervour, questions arise about the ability of secular institutions to safeguard the integrity of the electoral process. In an atmosphere charged with religious sentiments, the resilience of India's secular Constitution, laws, and judiciary in upholding electoral integrity emerges as a pivotal concern for citizens.
The "basic structure" doctrine refers to the fundamental principles and essential features of the Constitution of India that cannot be amended or altered by the Parliament through its amending powers under Article 368. It was first articulated by the Supreme Court of India in the landmark case of Kesavananda Bharati v. State of Kerala (1973).
Core Components
- Supremacy of the Constitution: The Constitution of India is the supreme law of the land, and all laws and actions must conform to its provisions.
- Democratic Republic: India is established as a sovereign, socialist, secular, and democratic republic, ensuring justice, liberty, equality, and fraternity to all citizens.
- Federal Structure: The Constitution provides for a federal system with a clear demarcation of powers between the Union and the states, as well as provisions for cooperative federalism.
- Separation of Powers: There is a clear separation of powers among the three organs of the state: the Legislature, the Executive, and the Judiciary.
- Judicial Review: The Supreme Court has the power of judicial review to ensure the constitutionality of laws and actions of the government.
- Fundamental Rights: The Constitution guarantees certain fundamental rights to all citizens, including the right to equality, the right to freedom, the right against exploitation, the right to freedom of religion, cultural and educational rights, and the right to constitutional remedies.
- Directive Principles of State Policy: These are guidelines for the government to promote social and economic justice and are fundamental in the governance of the country.
- Parliamentary System: India follows the parliamentary form of government, with the Council of Ministers responsible to the Legislature.
- Unity and Integrity of the Nation: The Constitution emphasizes the unity and integrity of the nation, promoting national integration and harmony among its diverse population.
- Amendment Procedure: While the Constitution can be amended, the basic structure doctrine restricts the Parliament from amending certain core features that form the bedrock of the Constitution.
- Free and Fair Elections: Elections are essential to the legitimacy and functioning of democracy.
Evolution and Interpretation
Over the years, the Supreme Court has further elaborated on the basic structure doctrine through various judgments. It has interpreted and protected the core principles of the Constitution, ensuring its endurance and adaptability in changing times.
The election process in India is a cornerstone of its democratic system, allowing citizens to participate in the selection of their representatives at various levels of government. Governed by constitutional provisions, electoral laws, and the oversight of the Election Commission of India (ECI), the process ensures free, fair, and transparent elections across the country.
Key Stages of the Election Process
Preparation Phase
- Delimitation of Constituencies: The country is divided into constituencies for various elections, and boundaries are periodically reviewed and redrawn by a Delimitation Commission.
- Voter Registration: The ECI conducts the process of voter registration, updating electoral rolls to ensure eligible citizens can exercise their franchise.
- Candidate Nomination: Political parties and independent candidates nominate their representatives for elections within specified timelines.
Campaigning Phase
- Election Campaigns: Political parties and candidates campaign extensively to garner support from voters, using various means such as public rallies, door-to-door canvassing, media advertisements, and social media outreach.
- Model Code of Conduct: The ECI enforces a Model Code of Conduct to ensure fair campaigning, prohibiting actions that may influence voters through unfair means.
Polling Phase
- Election Day: Registered voters cast their votes at designated polling stations using Electronic Voting Machines (EVMs) or Ballot Papers, with polling stations supervised by election officials.
- Security Measures: Adequate security arrangements are made to maintain law and order during the polling process, ensuring the safety of voters, polling personnel, and election materials.
Counting of Votes
- Tallying of Votes: After polling concludes, the votes are counted at designated counting centres under the supervision of election officials.
- Declaration of Results: The results are announced, and winning candidates are declared based on the majority of votes cast in their favour.
Post-Election Phase
- Formation of Government: Based on the election results, governments are formed at various levels, such as the central government (Lok Sabha), state governments (Vidhan Sabhas), and local bodies (Municipal Corporations, Panchayats).
- Opposition Role: Political parties not forming the government play the role of the opposition, providing checks and balances to the ruling dispensation.
- Ongoing Governance: Elected representatives undertake the responsibilities of governance, fulfilling their electoral promises and addressing the needs of their constituents.
Role of Election Commission of India (ECI)
The ECI, an independent constitutional authority, plays a pivotal role in overseeing the entire electoral process. Its responsibilities include:
- Conducting free and fair elections.
- Registering political parties.
- Monitoring election expenses.
- Implementing the Model Code of Conduct.
- Ensuring compliance with electoral laws and regulations.
Legal Framework and Religious Appeals
The Representation of People Act, 1951, specifically Section 123(3), addresses the use of religion or religious symbols in elections as a corrupt practice. Recognizing the potential influence of religious appeals on voters, the lawmakers deemed such appeals as detrimental to the democratic process. The Supreme Court has consistently condemned such practices, emphasizing the incompatibility of religious appeals with modern democratic principles.
Judicial Perspective on Religious Appeals
In the case of Ziyauddin Burhanuddin Bukhari vs Brijmohan Ramdass Mehra & Ors (1975), the Supreme Court underscored the inappropriateness of religious appeals in a democratic society. The Court highlighted the importance of rationality and scientific inquiry in modern governance, asserting that religious appeals have no place in a democratic framework.
Expanded Interpretation of Religious Appeals
In the case of Abhiram Singh vs C.D. Commachen (2017), the Supreme Court broadened the scope of what constitutes an appeal in the name of religion. It clarified that such appeals encompass not only the religion of the candidate but also the religion of the voters. This ruling prohibits any form of religious appeal, whether by the candidate or directed at the voters.
Implications for Political Parties
Political parties must heed these judicial pronouncements, as they outline the legal and ethical boundaries concerning religious appeals in elections. The judgments emphasize the imperative of conducting elections in a manner that upholds the principles of free and fair electoral processes, which are integral to the constitutional framework of India.
Ensuring Electoral Integrity
The Chandigarh Mayor's election case serves as a reminder that subversion of the electoral process can occur at various stages. While the Representation of People Act does not directly govern mayoral or corporation elections, the principles of free and fair elections remain paramount. Electoral regulations for such elections must align with the constitutional mandate of ensuring the integrity of the electoral process.
5. Apprehensions and the Role of the Supreme Court
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Mains Pratice Questions
1. Evaluate the role of secularism in ensuring electoral integrity in India. Discuss the challenges posed by religious fervour and the judiciary's stance on religious appeals in elections. (250 Words)
2. Discuss the key stages of the election process in India and the role of the Election Commission of India (ECI) in ensuring free, fair, and transparent elections. Evaluate the challenges faced in maintaining electoral integrity at various stages of the electoral process. (250 Words)
3. Explain the significance of the recent Supreme Court judgment in the case of Kuldeep Kumar vs Union Territory of Chandigarh and Others regarding free and fair elections in India. How does this judgment reinforce the importance of transparent and fair electoral processes in a democratic society? (250 Words)
4. Explain the concept of the basic structure doctrine and its significance in upholding the Constitution's core principles. (250 Words)
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