ECI must be independent, insulated from political influence: Justice Nagarathna
What's the story
Supreme Court judge Justice BV Nagarathna has emphasized the importance of the Election Commission of India (ECI) being independent and insulated from political influence. Delivering the first Dr Rajendra Prasad Memorial Lecture at Chanakya National Law University in Patna, she said, if those who conduct elections are dependent on those who contest them, the neutrality of the process cannot be assured, as per Livemint.
Institutional independence
Justice Nagarathna speaks on independence of key institutions
Justice Nagarathna also spoke about the independence of other key institutions like the Comptroller and Auditor General (CAG) and the Finance Commission (FC). She said these institutions are "insulated, specialized, and tasked with overseeing domains where the ordinary political process may be insufficient to ensure neutrality." Their independence isn't incidental but structural. This comes amid the opposition's criticism of Chief Election Commissioner Gyanesh Kumar over electoral roll revisions in West Bengal.
Financial influence
Fiscal dependence can produce political dependence: Justice Nagarathna
Justice Nagarathna also spoke about the role of the Finance Commission in creating fiscal dependence. She said, "Fiscal dependence can produce political dependence." She added that these institutions aim to prevent power consolidation through control over fiscal flows. Her lecture, titled Constitutionalism beyond Rights: Why Structure Matters emphasized institutional design as a foundation of constitutional governance.
Structural erosion
Constitutional breakdown can happen without rights violation: Justice Nagarathna
Justice Nagarathna warned that constitutional breakdown can happen without violating rights. She said this happens through the gradual erosion of structural checks. The Constitution is based on a power division across institutions to prevent the concentration of authority in one organ, she said. She added, "Without such division, liberty and preambular rights cannot be protected."
Institutional fidelity
Signs of institutional weakening, according to Justice Nagarathna
Justice Nagarathna highlighted signs of institutional weakening, such as unproductive legislatures and executives acting beyond legal limits. She said, When independence yields to convenience, when accountability gives way to expediency...the structure begins, imperceptibly, to loosen and to crack. On Centre-state relations, she called for dialogue instead of adversarial litigation.