Will the government bring an ordinance to overrule the SC judgement? Unlikely, because all the amendments done to various acts – IT Act, Companies Act, RPA 1951 – have been struck down as unconstitutional. Moreover, SC has upheld the citizens right to know on sources of political funding. Hence any future scheme introduced to curb […]
supreme court
Does the long-awaited Election Commission reform through legislation pass the smell test?
The GoI was prodded after 73 years to table a Bill when the March 2023 SC judgment constituted a three-member bipartisan selection committee comprising the PM, CJI and LOP to appoint the CEC and ECs. But the Bill’s selection panel comprising the PM, LOP and a Union minister allows the Executive to retain control over […]
A Big Bang Poll Reform: Taking Election Commissioner selection out of government’s hands was long overdue
Supreme Court has done what successive governments shied away from. Selection of CEC and ECs by government was problematic. With weighty decisions on conducting elections and adjudicating disputes between parties to be made by this high constitutional office, election commissioner selection is best taken out of Executive’s hands On May 17, 2021, the Association for […]
Benchmarks for ECs’ appointments
Interview: Why the Election Commission’s appointment is being questioned by the Supreme Court
This article is an interview of Prof Chhokar, Founder Member and Trustee of ADR, with Scroll.in. On Thursday, the Supreme Court reserved its judgement on a batch of petitions challenging the appointment process of election commissioners, the officers who comprise the Election Commission – the body responsible for conducting national and state elections. Scroll.in spoke […]
Regulating freebies: Poll panel’s baffling turnabout
This article is an interview of Prof Chhokar, Founder Member and Trustee of ADR, with Civil Society Online. Promises fly thick and fast during election time. Political parties seek to outdo one another in getting the attention of voters. In the heat of the moment, mostly anything goes and voters are none the wiser […]
Not freebies, criminals in politics should be EC’s focus
If a candidate makes an outlandish election promise, it is for the voter to decide whether to buy it or not. While the central poll panel labours over what is essentially a policy matter, an election practice that is actually problematic is not getting its attention In 1999, the Association for Democratic Reforms filed a […]
Ballot choices crying for clean sweep of criminal taint
The apex court has asked parties and candidates to widely publicise criminal histories in local and national newspapers, as well as on social media, including Twitter and Facebook. The published material must list details of the offence, charges framed, etc. The party has to explain why the candidate was chosen despite the criminal taint. Merely […]
Decriminalization Of Politics: Are Supreme Court’s Directions Sufficient To Counter Increasing Criminality In Indian Politics?
The recent judgments of the Supreme Court on ‘curbing criminalization in politics’ has left this nation both, abandoned and disappointed. Where one cannot disregard the fact that Indian judicial system in the past had tried to resuscitate free and fair elections through various judicial pronouncements, this time Apex Court has sadly missed out on some […]
Owning up to criminalisation in politics
The February 2020 order pushes the envelope further on restricting criminal candidates from contesting elections A February 2020 Supreme Court judgment on criminalisation in politics may have far-reaching consequences for Indian democracy. It will first be implemented in the coming Bihar elections in October 2020. The Court has asked the political parties to state “the reasons for […]