‘Has Democracy Been Poisoned?’ Former SC Judge Kurian Joseph Calls for Stronger Election Commission Safeguards

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New Delhi: Former Supreme Court judge Justice Kurian Joseph has raised concerns about the integrity and independence of India’s election administration, asking whether democracy is being undermined when those entrusted with conducting elections cannot command public confidence.

He was delivering the inaugural address at a seminar titled “Independence of Election Commission of India: Compromised?”, organised by the Indian Association of Lawyers, Keralam.

Warnings from the Constituent Assembly

Justice Joseph recalled Constituent Assembly member Hriday Nath Kunzru’s warning that unreliable electoral machinery and officials could poison democracy at its source. He also cited concerns expressed by Dr B.R. Ambedkar about unsuitable appointments and Sibban Lal Saxena about the risk of partisan choices.

Constitutional safeguards at the appointment stage

Article 324 grants the Election Commission of India oversight of electoral rolls and the conduct of elections. Justice Joseph argued that appointments and service conditions of the Chief Election Commissioner and Election Commissioners should receive stronger constitutional protection rather than being left solely to ordinary legislation.

In its 2023 Anoop Baranwal ruling, the Supreme Court prescribed an interim selection panel consisting of the Prime Minister, Leader of Opposition in the Lok Sabha and Chief Justice of India, pending legislation. Parliament subsequently passed a law substituting a Union Cabinet Minister nominated by the Prime Minister for the Chief Justice. A legal challenge to the law remains pending.

Equal removal protection for every commissioner

Under Article 324(5), the Chief Election Commissioner enjoys removal safeguards equivalent to those of a Supreme Court judge, while other commissioners cannot be removed except on the CEC’s recommendation. Justice Joseph urged equivalent removal protections for all commissioners, arguing that constitutional power belongs to institutions rather than individual office-holders.

Concentration of powers and public vigilance

He also questioned excessive centralisation of electoral powers and emphasised public vigilance as an essential check on constitutional institutions.

Advocate Mahesh Dhannawat’s perspective

A proposed comment for Adv. Mahesh Sitaram Dhannawat, B.Com., LL.M., calls for wider public and parliamentary discussion of transparent appointments, institutional independence and equal safeguards for all Election Commissioners. Public trust in free and fair elections depends on credible, independent electoral institutions.

Contact: Adv. Mahesh Dhannawat, Jalna, Maharashtra. Mobile: 9326704647.

Editorial note: The account of Justice Joseph’s remarks is based on the supplied report. The paragraph attributed as a proposed perspective for Adv. Dhannawat is an editorial draft, not a verified direct quotation from him.