Justice Nariman strongly opposes Election commission bill, says it is threat to Independence

On Friday, December 15, former Supreme Court judge Justice Rohinton Nariman delivered the 30th Smt Bansari Sheth Endowment Lecture at the Durbar Hall of the Asiatic Society of Mumbai. The lecture aimed at the theme of 'The Constitution of India: Checks and Balances.' This event was presided over by yet another former Supreme Court judge, Justice BN Srikrishna. During this event Rohinton Nariman strongly criticized the election commission bill, requesting the court to reject it as he believed it could harm the independence of the election commission.

Justice Nariman expressed his concern and opposed the bill stating that it could threaten the autonomy of the Election Commission. He also shared the consequences of the bill and stressed the importance of the court interference to ensure the fairness of the election. Nariman also dived into various issues, including the process of disqualifying members, particularly in cases of dereliction. The establishment of an election judiciary headed by a Supreme Court judge to address and resolve such disputes. Emphasizing on the importance of keeping constitutional bodies like the EC independent, Justice Nariman precautioned against giving too much power to executive bodies and the opposition leader. He also warned against appointing individuals whose independence might be compromised, emphasizing the need for a fair electoral process.

#BREAKING Justice Nariman says the Election Commission Bill, if passed, should be struck down by the Court as it "severely imperils the independence of the working of the Election Commission". https://t.co/VpBYtG6XlG

— Live Law (@LiveLawIndia) December 15, 2023

Talking about the Supreme Court decision on Article 370, Justice Nariman questioned turning a state into two Union Territories without a democratic government for an extended period. He expressed concern about governors delaying bill approval, citing a case in Kerala where bills were held up for over 23 months. Justice Nariman also discussed recent events affecting media freedom, such as the ban on a BBC documentary about the Prime Minister. He emphasized the importance of upholding constitutional principles, especially those in Part IV, which addresses the Directive Principles of State Policy. Summoning constitutional provisions like Article 3, Justice Nariman stressed the federal principle and the need to distribute power. He expressed confidence that if passed, the Election Commission Bill would face legal challenges and called for its potential rejection due to its arbitrary nature.