THE CONTEXT: The Supreme Court’s 2024 verdict on the Chandigarh Mayor’s election highlights India’s defense of electoral integrity against polarization, emphasizing the balance between legal frameworks, political practices, and societal fabric in the world’s largest democracy.
THE ISSUES:
- Subversion of Electoral Process: The Returning Officer’s unprecedented move to ignore the ballot papers and the constitutional procedure, as evidenced by the dumping of the votes in the Chandigarh Mayor’s elections, signifies serious attempts to transgress the democratic character of the electoral process. The various breaches in ethics that arise from the case in this crack additionally connote a conflict of credibility of democratic governance. In the elections concerning this case, the results can become a subject for manipulation and change.
- Judicial Defense of Electoral Integrity: The Supreme Court’s participation reiterates the institutions’ role as the last voice of justice on aspects that conflict with the principles of election transparency. Still, the case implied that many courts, especially the lower ones, failed to acknowledge and implement such measures aimed at discouraging the votes candling and ensuring that the decisions taken at the top would be respected and enforced. Therefore, the Supreme Court felt the judiciary needed to take severe measures and protect democratic principles.
- Legal and Constitutional Safeguards Under Threat: The legality of elections and adherence to constitutional grounds are essential for ensuring fair and just democratic elections. However, the institutions responsible for upholding these principles are often overlooked. Neglecting these crucial institutions could lead to long-lasting barriers against interference and deception in elections, potentially resulting in the decline of the electoral system and the future of democracy.
- Misuse of Religion in Elections: Political preaching within religion or using religious symbols to influence electoral decisions can lead to unfortunate outcomes. However, the Supreme Court has recognized that allowing religious figures to create enthusiasm and then benefit from it during elections is detrimental to secularism in Indian democracy. The court has directed concerned authorities to ensure the maintenance of secularism by recognizing the non-alignment of politics with religion.
- Uncertain Future for Electoral Democracy: These issues raise profound questions about the nature of India’s electoral democracy and whether it is the best option for the nation. Many people recognize a problem with the electorate’s behavior, and some see the current system as an obstacle to progress. Additionally, the political culture in India may promote religious tolerance, but it also appears to discriminate against certain ethnic and cultural groups, which undermines the integrity of public institutions.
THE WAY FORWARD:
- Strengthening Electoral Integrity: Ensure swift and decisive judicial action against electoral malpractices. The Supreme Court’s rapid intervention in electoral bond issues and other election-related cases demonstrates the judiciary’s role in safeguarding democracy. The Law Commission of India, in its 255th report, suggested electoral reforms, including measures to address criminalization in politics, which indirectly contributes to ensuring judicial oversight.
- Legislative Measures Against Misuse of Religion in Elections: Laws like Section 123(3) of The Representation of the People Act, 1951, should be strictly enforced to prevent appealing to voters based on religion. The ECI monitors election campaigns to check for violations of the Model Code of Conduct, including misuse of religion for political gains. In “Abhiram Singh vs C.D. Commachen (2017)“, a more expansive interpretation was given to Section 123(3), emphasizing the non-permissibility of any appeal in the name of religion.
- Promoting Secular and Pluralistic Values: Promote secularism and pluralism through educational and social campaigns, emphasizing the importance of unity in diversity. Education is crucial in fostering mutual respect and understanding in diverse societies. Celebrating India’s cultural diversity can help bridge communal divides.
- Political Will and Leadership: Leaders and parties must maintain the integrity of the electoral process and uphold the secular fabric. Ethical leadership is crucial to combat corruption and shape political discourse, as highlighted by the Second Administrative Reforms Commission’s report on “Ethics in Governance.”
- Civil Society and Media Engagement: Encourage active participation and oversight by civil society organizations and vigilant media to hold electoral processes and political discourse to higher standards of transparency and integrity. The role of civil organizations in voter education and monitoring electoral practices has been pivotal in numerous democracies worldwide.
THE CONCLUSION:
This case highlights the critical importance of having judicial oversight and robust legal and institutional mechanisms to protect democratic processes. It emphasizes the need for well-informed citizens and resilient institutions to address the democratic challenges faced by India effectively. It is crucial to ensure the preservation and advancement of constitutional values.
UPSC PAST YEAR QUESTIONS:
Q.1 There is a dire need for electoral reforms in India, discuss various challenges related to elections in India and suggest some measures to resolve them. (2023)
Q.2 The role played by the Election Commission of India has bestowed a very high level of confidence in the minds of Indian citizens in ensuring the purity of the elected legislative bodies in the country. Critically examine. (2021)
MAINS PRACTICE QUESTION:
Q.1 How can the judiciary contribute to maintaining the integrity of electoral processes in the face of political and religious polarization? What steps can be taken to improve the electoral system and protect democratic values in India?
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