Supreme Court Revisits EC Powers: 1977 Ruling Update

Supreme Court Revisits 1977 Ruling on EC Powers

Why in the News ?

During hearings on the Special Intensive Revision (SIR) of electoral rolls in Bihar, the Supreme Court referred to a 1977 judgment that cautioned against unchecked powers of the Election Commission under Article 324, stressing legal and fair conduct.

Supreme Court Revisits EC Powers: 1977 Ruling Update

Background of the Case and Legal Challenge:

  • SIR Exercise in Bihar: The Supreme Court is hearing a legal challenge against the Special Intensive Revision of voter rolls in Bihar.
  • Opposition Concerns: Petitioners, including Opposition parties, argue the SIR may disenfranchise marginalised communities in the state.
  • Judicial Response: Justice Sudhanshu Dhulia referred to the 1977 M.S. Gill vs CEC judgment while hearing the case.
  • Next Hearing Date: The matter is set for further discussion on July 10.

1977 Judgment Highlights on EC’s Powers:

  • Article 324’s Scope: Grants EC powers of “superintendence, direction, and control” over elections.
  • Judicial Caution: Justice R. Krishna Iyer stressed the EC must adhere to norms of fairness and not act arbitrarily.
  • Not a Law Unto Itself: The court ruled that unchecked power is alien to Indian democracy.
  • Court’s Authority: Courts can strike down EC decisions if they are misused or unfair.
  • Free & Fair Elections: Emphasised that universal adult franchise and electoral fairness are core democratic principles.

Relevance of Past Verdict to Present Context:

  • Precedent Background: The 1977 ruling came after EC cancelled the Ferozepur Lok Sabha election due to mob violence.
  • Challenge by Gill: Gill argued the violence was staged to defeat him, but the court upheld EC’s cancellation power.
  • Power with Limits: Though EC can take strong steps for electoral integrity, the court warned against becoming a “constitutional despot”.
  • Ambiguity of Powers: Terms in Article 324 are broad, allowing flexibility, but must not justify arbitrary or excessive decisions.
  • Significance for SIR: The judgment will likely shape deliberations on whether the Bihar SIR exercise meets constitutional and legal standards.

Election Commission of India (ECI) – Key Points

●      Established on 25th January 1950 under Article 324 of the Constitution.

●      Autonomous constitutional body for conducting elections to Lok Sabha, Rajya Sabha, State Assemblies, and offices of President and Vice President.

●      Panchayat and municipality elections are overseen by State Election Commissions.

●      Comprises Chief Election Commissioner (CEC) and two Election Commissioners.

●      Appointed by the President; governed by CEC and Other ECs Act, 2023.

●      Tenure: 6 years or until 65 years of age.

●      Removal: CEC via Parliament; ECs on CEC’s recommendation.

●      No prescribed qualifications, term limits, or post-retirement restrictions.