Justice Rohinton F. Nariman, a former Supreme Court Justice, raised serious concerns about the independence of the Election Commission of India (ECI) in light of the recent bill passed by the Rajya Sabha. During the Smt Bansari Sheth Endowment Lecture, titled “The Constitution of India: Checks and Balances,“ he provided an insightful critique of the bill and its potential implications for Indian democracy.
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Justice Nariman was unequivocal in his assessment of the bill, stating,
“We have to now see how this bill becomes an act and I am certain that it is going to be challenged. According to me, it should be struck down for asking as an arbitrary piece of legislation because it severely imperils the independence of the working of the Election Commission.”
This statement underscores his belief that the bill, if enacted, would significantly undermine the ECI’s autonomy.
He further emphasized the gravity of the situation, saying,
“The Election Commission also, when this matter comes up before the SC, I hope this bill (which now will become an act) will be struck down. I sincerely hope. Because if it is not, then it is fraught with the greatest danger to democracy that I can see.”
These words reflect his deep concern about the potential threat to democratic processes in India.
Discussing the Supreme Court’s decision in Anoop Baranwal’s case, Justice Nariman highlighted the importance of the appointment process for Election Commissioners. He remarked,
“Later in the year, you had the Supreme Court decide as to how the Election Commissioner should be appointed. Something very very crucial. Because if Election Commissioners happen to be partisan, there is no free and fair election, and there is no democracy.”
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The bill changes the composition of the selection committee for appointing election commissioners, a move that Nariman finds particularly alarming. He explained,
“Most unfortunately, we find that the bill was moved in the Rajya Sabha, which has now become an Act, (of course, it will go to the Lok Sabha and become an Act in no time) in which the Chief Justice is substituted by a Minister appointed by the Prime Minister. Now, this is the 2nd most disturbing feature, because, if you are going to get the Chief Election Commissioner and other Election Commissioners appointed in this fashion, free and fair elections are going to become a chimera.”
Justice Nariman also drew attention to the Supreme Court’s reliance on Parliament’s own practices in suggesting the composition of the selection committee. He noted,
“You remember I told you that the Supreme Court suggested that you have this collegium of three consisting of the PM, leader of the opposition and the Chief Justice. By the way, the Supreme Court did not pick up a rabbit from the hat. The Supreme Court picked up parliament’s own practice.”
In summary, Justice Nariman’s statements during the lecture paint a concerning picture of the potential impact of the new bill on the independence of the Election Commission of India. His quotes emphasize the critical need for maintaining the ECI’s autonomy to ensure the integrity of India’s democratic processes.