CEC an institution, not a person, won't enjoy any special privilege: Ex-Supreme Court justice

Former Supreme Court judge Justice Kurian Joseph has stressed that the Chief Election Commissioner (CEC) must not enjoy any special privilege as an individual, arguing that authority should rest with the institution rather than the person holding the office. He called for stronger constitutional safeguards to protect the independence and integrity of the Election Commission of India (ECI).

“CEC by himself shall not enjoy any special privilege. It is meant to be an institution, not a person. Unfortunately, people holding high constitutional office in our country have, according to me, what they call a misguided impression that there is power concentrated on the person...If it is an institutional exercise of that power, you will have to think twice, he said, as per LiveLaw.

Justice Joseph made the remarks while delivering the inaugural address at a seminar titled “Independence of Election Commission of India: Compromised?”, organised by the Indian Association of Lawyers, Keralam. He argued that the appointment of Election Commissioners and the conditions governing their service should be protected through constitutional provisions rather than left to parliamentary legislation.

‘Has democracy been poisoned at its source?’

Justice Joseph invoked concerns raised during the Constituent Assembly debates about the integrity of those responsible for conducting elections. Referring to Constituent Assembly member Hriday Nath Kunzru, he warned that a lack of trust in the officials overseeing elections could undermine democracy itself.

“Dr. Hriday Nath Kunzru spoke about the integrity of the person who is holding that office. And if that integrity is not impeccable, then democracy will be poisoned at the source. Is this not what we see in the days that we have been passing through? Has the democracy not been poisoned at the hands of people who have not been acting in accordance with the vision of the Constitution? So, therefore, my dear friends, I would only say these are the times that the country should think about and take steps for protection of our democracy. And if such constitutional powers are vested in great institutions like the Election Commission of India, its integrity and independence should be ensured as well”, he was quoted as saying by Live Law.

He maintained that protecting the ECI's independence was essential given the constitutional responsibilities entrusted to it.

Justice Joseph seeks safeguards for appointment and removal of Election Commissioners

The former judge called for the Constitution to lay down the appointment procedures and service conditions of the Chief Election Commissioner and other Election Commissioners. He also proposed that all Election Commissioners should be removable only through the same procedure applicable to Supreme Court judges.

Referring to Article 324 of the Constitution, Justice Joseph noted that it gives the ECI superintendence, direction and control over the preparation of electoral rolls and the conduct of elections. However, he questioned whether the existing constitutional framework provided sufficient safeguards to ensure the independence of the institution.

He said the manner in which the ECI's powers are exercised must not leave its autonomy dependent on the individual occupying a constitutional post.