Justice Kurian Joseph calls for constitutional safeguards to protect Election Commission’s independence and ensure accountability
Former Supreme Court judge Justice Kurian Joseph has called for stronger constitutional safeguards to protect the independence of the Election Commission of India (ECI), stressing that the Chief Election Commissioner (CEC) should not enjoy special privileges as an individual.
Speaking at a seminar titled “Independence of Election Commission of India: Compromised?”, organised by the Indian Association of Lawyers, Keralam, Justice Joseph said the Election Commission must function as an institution rather than depend on the authority of the person heading it.
He argued that the appointment of election commissioners and their service conditions should be protected by constitutional provisions instead of being left solely to parliamentary legislation.
Referring to the Constituent Assembly debates, Justice Joseph cited concerns about the integrity of officials responsible for conducting elections. He warned that a lack of trust in those overseeing the electoral process could undermine democracy at its foundation.
The former judge also called for the removal of all election commissioners to follow the same procedure applicable to Supreme Court judges.
Invoking Article 324 of the Constitution, which grants the ECI powers to supervise and conduct elections, he questioned whether the existing framework offered adequate safeguards for the institution’s autonomy.
Justice Joseph said protecting the commission’s independence and integrity was essential to preserving the constitutional vision of democracy.
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