Rule of law prevents a government, brought to power by the strength of ballots, from betraying the trust of citizens and “lapsing into a government of caprice, nepotism and finally despotism”, the Supreme Court said on Thursday.
A five-judge constitution bench headed by Justice KM Joseph said that the cardinal importance of a fiercely independent, honest, competent and fair Election Commission must be tested on the anvil of the rule of law as also the grand mandate of equality.
“Rule of law is the very bedrock of a democratic form of governance. It simply means that men and their affairs are governed by pre-announced norms. It averts a democratic Government brought to power by the strength of the ballot betraying their trust and lapsing into a Government of caprice, nepotism and finally despotism. It is the promise of avoidance of these vices which persuades men to embrace the democratic form of Government,” the top court said.
The bench also comprising justices Ajay Rastogi, Aniruddha Bose, Hrishikesh Roy and CT Ravikumar said that an Election Commission which does not ensure free and fair poll according to the rules of the game, guarantees the breakdown of the foundation of the rule of law.
It said that the sterling qualities of a person like honesty, integrity and others must be possessed by an Election Commission and is indispensable for an unquestionable adherence to the guarantee of equality in Article 14.
“In the wide spectrum of powers, if the Election Commission exercises them unfairly or illegally as much as he refuses must be viewed as organisations representing the hopes and aspirations of its constituents, who are citizens,” it said.
The top court said that the electorates are ordinarily, supporters or adherents of one or the other political parties and that the recognition of NOTA, by this Court enabling a voter to express his distrust for all the candidates exposes the disenchantment with the electoral process which hardly augurs well for a democracy.
“Therefore, any action or omission by the Election Commission in holding the poll which treats political parties with an uneven hand, and what is more, in an unfair or arbitrary manner would be anathema to the mandate of Article 14, and therefore, cause its breach,” it said.
The top court said that there is an aspect of a citizen’s right to vote being imbued with the fundamental freedom under Article 19(1)(a) and the right of the citizen to seek and receive information about the candidates who should be chosen by him as his representative has been recognised as a fundamental right.
“The Election Commissioners including the Chief Election Commissioner blessed with nearly infinite powers and who are to abide by the fundamental to exercise power when such exercise becomes a duty it has a telling and chilling effect on the fortunes of the political parties,” it said.
The top court said that inequality in the matter of treatment of political parties who are otherwise similarly circumstanced unquestionably breaches the mandate of Article 14.
