Supreme Court: PIL Seeks Expert Committee for ECI Functioning

• A PIL has been filed in the Supreme Court by Advocate Vishal Tiwari seeking an independent expert committee to review the ECI's functioning.
• The petition requests the committee be chaired by a former Chief Justice of India or a former Supreme Court judge.
• It also seeks an absolute prohibition on election campaigning using religious tags, symbols, communal appeals, sectarian identity, or hate speech.
• The PIL cites an Indian Express report detailing 14+ written objections by Election Commissioners Sandhu and Joshi against unilateral decisions by CEC Kumar.
• These objections included unauthorized changes to Form 6, centralization of the electoral database, and unapproved appeal filings.

Lawyers advising political parties or involved in election law should closely monitor this Supreme Court PIL, as its outcome could lead to significant changes in ECI oversight mechanisms and stricter regulations on election campaigning, particularly regarding religious appeals and hate speech.

The Supreme Court is currently considering a public interest litigation (PIL) that calls for the establishment of an independent expert committee. This proposed committee, which would be chaired by either a former Chief Justice of India or another retired judge from the apex court, is tasked with thoroughly examining the institutional deficiencies within the Election Commission of India (ECI). The petition, submitted by Advocate Vishal Tiwari, aims to address systemic issues rather than challenge specific election outcomes or target any political entity.

Beyond the formation of an oversight committee, the PIL also requests that the ECI be directed to implement an absolute ban on certain election campaigning practices. Specifically, it seeks to prohibit the use of religious tags, religious symbols, communal appeals, sectarian identity, and hate speech during electoral campaigns. This aspect of the plea underscores a desire for stricter regulation of electioneering to ensure a more secular and equitable political discourse.

The petition highlights concerns regarding the internal functioning of the ECI, drawing heavily on a report published by The Indian Express on September 23. This report detailed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had formally lodged written objections on at least 14 separate occasions over a ten-month period. These objections were reportedly in response to unilateral decisions made by Chief Election Commissioner Gyanesh Kumar, indicating a pattern of dissent within the commission's leadership.

The specific issues raised in these internal objections included unauthorized modifications to the statutory Form 6, which is crucial for voter registration, as well as the centralization of the electoral database. Further concerns involved unapproved appeal filings in West Bengal and disputes over work allocation orders. While the ECI acknowledged these dissenting notes, it characterized them as mere 'routine suggestions' and notably failed to provide clarification regarding who authorized the significant changes to Form 6, leaving a critical question unanswered. The PIL also brought attention to the Special Intensive Revision (SIR) of electoral rolls, suggesting further scrutiny is warranted in this area.

Advocate Vishal Tiwari's PIL emphasizes its non-partisan and forward-looking nature, explicitly stating that it does not seek to implicate any political party or office-holder, nor does it aim to invalidate any past election results. Instead, the focus is on strengthening the democratic process by addressing the structural integrity and operational transparency of the Election Commission of India. The call for an expert committee, potentially headed by a former CJI, signifies a desire for a high-level, impartial review of the ECI's mechanisms and decision-making processes.

The demand for an absolute prohibition on campaigning that exploits religious or sectarian identities, or employs hate speech, reflects a growing concern over the integrity of public discourse during elections. This aspect of the PIL, if successful, could lead to significant changes in how political parties conduct their campaigns, fostering an environment where religious appeals are strictly curtailed. Lawyers advising political parties or involved in election law should closely monitor this Supreme Court PIL, as its outcome could lead to significant changes in ECI oversight mechanisms and stricter regulations on election campaigning, particularly regarding religious appeals and hate speech.

Lawyers advising political parties or involved in election law should closely monitor this Supreme Court PIL, as its outcome could lead to significant changes in ECI oversight mechanisms and stricter regulations on election campaigning, particularly regarding religious appeals and hate speech.

Source: Original reporting via The Indian Express