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Election Commission must function independently, not be influenced by political process: SC judge Nagarathna in lecture
BV Nagarathna said the constitutional breakdown can occur through gradual hollowing-out of the structure, while rights may exist formally untouched.
The Election Commission of India must function independently and not be influenced by political processes, Supreme Court Justice B V Nagarathna on Saturday said even. She mentioned the importance of autonomy of other central agencies, too, apart from the poll body.
"It is of utmost importance that these institutions function independently and not to be influenced by political processes," said Nagarathna, who is in line to be the Chief Justice in September 2027 as per seniority.
The Supreme Court judge made the remarks while speaking at Patna's Chanakya National Law University on the theme "Constitutionalism beyond Rights: Why Structure Matters".
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On how constitutional breakdown can occur
She further said that constitutional breakdown can occur through gradual hollowing-out of the structure, even while rights may exist formally untouched.
"The dismantling of structure occurs when institutions stop checking each other. In that moment, elections may continue, courts may function, laws may be enacted by the parliament; and yet, power is effectively not restrained because the structural discipline no longer exists," she added.
Justice Nagarathna said the poll panel, the Comptroller and Auditor General (CAG) and the Finance Commission are “insulated, specialised and given tasks where it may be insufficient to ensure neutrality”, Bar and Bench reported. "It is of utmost importance that these institutions function independently and not to be influenced by political processes," she reportedly said.
On elections and ‘control’
Speaking on the role of Election Commission in the country's democracy, she said conducing elections is not just a routine task, but a mechanism through which a political authority is formed.
"Our constitutional democracy has amply demonstrated smooth changes in government due to elections being held on a timely basis," she said, according to Bar and Bench.
“Control over that process is, in effect, control over the conditions of political competition itself,” she noted.
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While speaking on the health of the Constitution, she said, it depends on "whether the legislature deliberates on forthcoming laws rather than merely stamps approval” and “whether the executive governs within law rather than over it."
