Former Supreme Court judge calls for constitutional safeguards to ensure ECI’s independence

Former Supreme Court judge Kurian Joseph has said that the Constitution should be appropriately amended to provide for the appointment and service conditions of the Election Commission of India (ECI), rather than leaving the matter to Parliament.

The appointment and service conditions of the ECI should be enshrined in the Constitution itself, as this would probably provide a better safeguard and go a long way towards ensuring the integrity and independence of the body, besides being in tune with the Constitution, he said in his online inaugural address at a discussion on ‘Independence of Election Commission of India: Compromised?’

The programme was organised by the Indian Association of Lawyers, Kerala, here on Tuesday. “It is meant to be independent and is never meant to be otherwise,” he said.

Mr. Joseph said that constitutional courts, and more particularly the Supreme Court of India, were the guardians and watchdogs of the Constitution. “We have heard that famous saying that the barking dog seldom bites. But this watchdog is bound to bite also if the barking does not lead to the desired result. There is a perception that there is neither barking nor biting in such high Constitutional institutions, to such an extent that the will of the Constitution in respect of the independence and integrity of those institutions is more abused than honoured,” he said.

Writer K.R. Meera said that the fearless protests led by the Cockroach Janata Party demanding the resignation of Chief Election Commissioner Gyanesh Kumar had taught the fascist forces about the real ethos and soul of the nation. “I have faith in this agitation led by the youth to clean up the nation and regain the essence of democracy and brotherhood,” she said.

K. Balakrishnan Nair, former judge of the Kerala High Court, said in his keynote address that the removal of people from the electoral rolls following the special intensive revision was carried out in complete violation of the principles of natural justice, as the authorities had failed to comply with the required procedures.

A collective of youth organised a protest in solidarity with the ongoing agitation demanding the resignation of Mr. Kumar. They raised placards calling on him to step down and take responsibility for alleged mass voter deletions and irregularities. The collective also voiced its opposition to the Centre’s decision to de-notify Jantar Mantar as a designated protest site in New Delhi.