Electoral Integrity in India: Judicial Wardship

  • Subodhika Sharma
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  • Subodhika Sharma

    Ph.D. Scholar at National Law Institute University Bhopal, India

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Abstract

The judiciary in India plays a significant role in maintaining electoral integrity, ensuring the democratic process remains fair, transparent, and credible. The Indian Constitution entrusts the judiciary with the power to adjudicate disputes related to elections, thereby acting as a guardian of electoral fairness. Through landmark judgments, the judiciary has set important precedents that uphold the sanctity of the electoral process. For instance, the Supreme Court’s directive to introduce the Voter Verified Paper Audit Trail (VVPAT) in Electronic Voting Machines (EVMs) enhances transparency and voter confidence. Furthermore, the judiciary enforces strict compliance with the Model Code of Conduct, curbing the misuse of governmental power during elections. It also scrutinizes and nullifies nominations and elections tainted by corrupt practices such as bribery, undue influence, or use of muscle power. Through these actions, the judiciary safeguards the democratic process, ensuring that elections reflect the true will of the people and reinforcing the principles of justice, fairness, and equality enshrined in the Indian Constitution. Moreover, by interpreting and reinforcing electoral laws, the judiciary acts as a check against any form of subversion of the democratic process. This article delves into critical landmark judgements that illustrate the judiciary’s crucial role in safeguarding democracy against political and legal loopholes that threaten its sanctity.

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International Journal of Law Management and Humanities, Volume 7, Issue 3, Page 4206 - 4213

DOI: https://doij.org/10.10000/IJLMH.117916

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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