Preserving Democratic Institutions: Examining Executive Influence On The Autonomy Of The Election Commission Of India And The Fourth Branch Institutions
- IJLLR Journal
- 12 minutes ago
- 2 min read
Devika G. Kanthi, School of Law, CHRIST (Deemed to be University), Bengaluru
“Democracy is a part of the basic structure of the Constitution, free and fair election is the substratum of democracy. If there is no free and fair election, it is the end of democracy.”
- MS Gill v. Chief Election Commissioner
ABSTRACT
With the 18th Lok Sabha elections just around the corner, a debate has been reignited on the autonomy and constitutional stature of the Election Commission of India. At the core of this debate is the crucial concern of executive influence on the Election Commission of India, which raises questions about its impartiality and status as the fourth branch of government. The article aims to critically analyse the core concerns arising from the shelving of the judicial and constitutional provisions recommended by the Hon’ble Supreme Court in framing the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 (“The CEC Act”). The legislation framed by the executive has prompted discussions on the role, scope, autonomy, and effectiveness of the Election Commission of India in fulfilling its constitutional obligations. By employing a detailed methodology involving legal analysis and examination of various legislation, this study aims to assess the core issue of the primacy of the Election Commission of India as an ‘autonomous fourth branch institution’ and its broader implications for public trust in the electoral process. Contextualising the impact of the CEC Act, this study examines the aspect of increased involvement of the executive branch in the appointment process, tenure and service conditions of the main functionaries of the Election Commission of India. It highlights its impact on decision- making dynamics, impartiality, and status as the fourth-branch government institution. Furthermore, the article reviews the historical evolution of the Election Commission's autonomy, emphasising instances where it played a pivotal role in upholding the democratic process.
Keywords: Autonomy, electoral process, fourth branch institutions, independence, judicial intervention, public interest litigation, public trust.
