Vishal Tiwari PIL: ECI Review, Religious Campaigning Ban Sought

• Advocate Vishal Tiwari has filed a PIL in the Supreme Court seeking a comprehensive review of the Election Commission of India.
• The PIL requests an independent expert committee, chaired by a former Chief Justice or Supreme Court judge, to recommend ECI reforms within six months.
• It also seeks an absolute prohibition on election campaigning that uses religious tags, symbols, communal appeals, or hate speech.
• The petition argues that the ECI's institutional independence requires clear procedures, transparent processes, and accessible remedies, beyond its constitutional status.
• Legal precedents like *Anoop Baranwal v. Union of India* and the Law Commission's 255th Report are cited to support the call for reform and accountability.

Lawyers advising political parties, candidates, or those involved in election law should closely monitor the progress of this PIL.

Advocate Vishal Tiwari has initiated a significant public interest litigation (PIL) before the Supreme Court of India, seeking comprehensive reforms for the Election Commission of India (ECI) and an absolute prohibition on religious campaigning. Filed under Article 32 of the Constitution, this petition names the Union of India, through the Ministry of Law and Justice, and the ECI, via its Secretary, as respondents. The petitioner, appearing in person, emphasizes that the plea is non-partisan and forward-looking, not aiming to challenge past election outcomes or target specific political entities or individuals.

The **Vishal Tiwari PIL ECI review religious campaigning** initiative presents two primary demands to the apex court. Firstly, it calls for the establishment of an independent expert committee, to be chaired by either a former Chief Justice of India or another retired Supreme Court judge. This committee would be tasked with conducting a thorough, six-month review of the ECI's institutional processes, including its decision-making protocols, electoral roll revisions, mechanisms for addressing voter appeals, and digital infrastructure. The ultimate goal of this review is to recommend concrete reforms to enhance the Commission's functioning.

Secondly, the PIL seeks a writ of mandamus from the Supreme Court, compelling the ECI to enforce a complete ban on any form of election campaigning, canvassing, or publicity that leverages religious tags, symbols, communal appeals, sectarian identity, or hate speech. This aspect of the petition aims to curb the use of religious rhetoric in electoral contests, ensuring a more secular and fair campaigning environment.

The core premise of the PIL is that the ECI's constitutional status alone does not inherently guarantee its institutional independence. The petition argues that while Article 324 vests the ECI with crucial responsibility for conducting free and fair elections, true independence also necessitates robust decision-making procedures, adequate professional capacity, transparent electoral roll processes, accessible remedies for electors, reliable digital systems, timely performance disclosures, and safeguards against administrative errors. This perspective underpins the call for a comprehensive review of the ECI's operational framework.

In advocating for a review of the ECI's structure and functioning, the petition draws upon established legal precedents and recommendations. It references the 1995 Supreme Court ruling in *T.N. Seshan v. Union of India*, which affirmed the ECI as a multi-member body where statutory authority resides collectively, not with any single individual. Furthermore, the PIL cites the 2023 Constitution Bench decision in *Anoop Baranwal v. Union of India*, highlighting its emphasis on the need for institutional norms to be transparent, objective, and accountable. These cases collectively underscore the importance of a well-defined, impartial, and collective decision-making process within the Commission.

The petitioner also points to the Law Commission's 255th Report on Electoral Reforms from 2015, which recommended equal protection for all Election Commissioners regarding removability, a consultative appointment mechanism, and the establishment of a permanent, independent Secretariat. Additionally, the PIL touches upon Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, noting its provision that the Commission's business should be transacted "as far as possible" unanimously. The petition further questions the ECI's current strength, citing Article 324(2) which allows for a variable number of Election Commissioners, and requests an evidence-based assessment of workload and institutional capacity to determine if the present strength is adequate.

This PIL carries significant implications for the future of election law and political campaigning in India. Should the Supreme Court direct the formation of an expert committee, it could lead to substantial **Supreme Court India Election Commission reform**, potentially reshaping how the ECI operates, from its internal decision-making to its public-facing digital services and voter grievance redressal mechanisms. The proposed six-month review period suggests a focused effort to identify and rectify systemic shortcomings, aiming for greater transparency and efficiency in the electoral process.

The demand for an **absolute prohibition religious campaigning PIL** is particularly noteworthy. If granted, such a directive would fundamentally alter how political parties and candidates engage with the electorate, enforcing stricter boundaries against the use of religious appeals. This could necessitate a complete overhaul of campaign strategies for many political actors, requiring them to focus purely on policy, governance, and secular issues, thereby fostering a more inclusive and less divisive political discourse.

Lawyers advising political parties, candidates, or those involved in election law should closely monitor the progress of this PIL. Its outcome could introduce significant changes in election campaign regulations, particularly concerning religious appeals, and may impact the Election Commission's operational transparency and decision-making processes. Such developments would require adjustments to compliance strategies, making proactive legal counsel essential for navigating the evolving electoral landscape.

Lawyers advising political parties, candidates, or involved in election law should closely monitor this PIL. Its outcome could lead to significant changes in election campaign regulations, particularly regarding religious appeals, and may impact the Election Commission's operational transparency and decision-making processes, requiring adjustments to compliance strategies.

Source: Original reporting based on legal filings.