In a ruling that is bound to go a long way in maintaining the spirit of democracy in the country, the Supreme Court directed the Central and the state governments not to appoint persons holding government office as election commissioners. Government officials are routinely deputed on election duty.
Coming down heavily on the practice of entrusting additional charge of state election commissioner to a government official, a bench of the apex court called it a mockery of the Constitution. According to the court, a compromise on the independence of the Election Commission (EC) is unacceptable. Only independent persons can be the election commissioners.
The ruling came against in the context of a government servant was given charge of the Election Commission in the state of Goa. The court observed that it was incorrect to appoint the person, while being in employment with the government.
Earlier, the Bombay High Court had ordered cancellation of elections to five municipalities in the state for not reserving the wards for women as per the law. The Goa government challenged the high court verdict against appointment of its law secretary as the state election commissioner for conducting the Municipal Council elections in the state in the Supreme Court.
By upholding the Bombay court’s order the top court set a precedent in the way of safeguarding indpendence of the Election Commission.
Coming at a time when basic democratic principles are violated with impunity, the verdict will certainly act as a deterrent on the governments at the Centre and the states on a high of power.
The Supreme Court deserves all encomiums for speaking up against the practice. However, it must be noted here that this is not the only ill afflicting our democracy. There are many such undemocratic and unconstitutional practices which give undue advantage to parties in power.
Such traditions, which have generally been taken for granted simply because they are in vogue for long, as the court rightly pointed out make a mockery of a functioning democracy. Purging such traditions from electoral practices
is a prerequisite to ensure fair and free elections and thereby securing survival of democracy.
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The opinion expressed in the article is of the writer. Writer is a freelance journalist/journalist based in Delhi
