TAG: GS 2: POLITY
THE CONTEXT: The recent Supreme Court ruling granting interim bail to Delhi Chief Minister Arvind Kejriwal during the election campaign has significant implications for the Indian political landscape.
EXPLANATION:
- This unprecedented intervention by the apex court highlights the importance of participatory democracy and a level playing field in elections.
- The bench of Justices Sanjiv Khanna and Dipankar Datta emphasized the significance of participatory democracy, stating that “General Elections supply the vis viva (force that moves) to a democracy.”
- This underscores the fundamental role of elections in ensuring the democratic process.
- Basic Structure of the Constitution:
- Delhi CM’s counsel argued that a level playing field during elections is part of the basic structure of the Constitution.
- The Supreme Court’s endorsement of this argument reaffirms the principles of democracy, free and fair elections, and a level playing field as essential components of India’s constitutional framework.
- Precedent for Political Detainees:
- The Supreme Court’s ruling sets a new precedent for addressing political exigencies during elections.
- Until now, the top court’s intervention to confirm bail granted to political leaders by High Courts were in instances where regular bail was granted during the course of the trial — and not interim bail necessitated by special circumstances.
- This broadens the scope for future interventions in similar cases involving political detainees.
Partial Ring-fencing of Kejriwal’s Role:
- The Supreme Court’s order not only allows Delhi CM to campaign but also partially ring-fences his role as Chief Minister.
- One of the bail conditions permits him to sign official files necessary for obtaining clearance from the Lieutenant Governor of Delhi.
- This recognition of his administrative responsibilities amidst campaigning reflects a nuanced approach by the court.
Free and fair elections:
Some of the judgements which helped in ensuring free and fair elections:
- The recent judgment of a constitution bench of the Supreme Court (SC) on the issue of electoral bonds (EB) seems historic and welcomed as it helps in expanding the frontiers of free and fair elections.
- The Calcutta High Court also held that the ED cannot take any coercive steps against TMC leader Abhishek Banerjee until the elections were over in the conduct of free and fair elections.
- Granting interim bail to Delhi Chief Minister to campaign for elections to ensure a level playing field in free and fair elections.
Additional information:
- Democracy is a part of the basic structure of our Constitution and rule of law and free and fare election are basic features of democracy.
- Democracy postulates that there should be periodical elections so that people may be in a position either to re-elect the same representatives or choose new representatives.
- Democracy also contemplates that elections should be free and fair and the voters should be in a position to vote for the candidates of their choice.
- The pre-requisite of this is that the elections are not rigged and manipulated and the candidates or their agents are not able to resort to unfair means and malpractices.
- Kihoto Hollohan Case (1993):
- Popularly known as the Defection case, the Supreme Court added Free and fair elections, Sovereign, Democratic and Republican structure to the Basic Structure of the Constitution.
