The Backbone of Democracy: Electoral Commission Autonomy and Judicial Reinforcement

  • Dr. Neha Shukla
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  • Dr. Neha Shukla

    Assistant Professor at School of Law and Governance, CUSB Gaya, Bihar, India

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Abstract

The public's opinion of election integrity is significantly influenced by the degree to which electoral commissioners are able to function free from outside influence and political pressure. India is a democracy, according to the constitution, where citizens alone are able to choose their government. Without the public' active participation, democracy is pointless. Free and fair elections are important to the democratic process. However, elections are known for witnessing power struggles and drifts, which can destroy the fundamental elements of election fairness and freedom. As a result, a watchdog is needed to stop this threat and ensure that every person has the opportunity to exercise their rights. In order to fulfill the deadline, an independent committee was established to guarantee a free and fair election. This independent body is not subject to political or executive pressure. But holding elections is not simple; there are many obstacles to overcome. Since electoral reform procedures that have the potential to fortify newly established democracies depend heavily on the independence of electoral commissioners, evaluating their level of independence is crucial. However, a lack of theoretical clarity and the deficiency of a standard evaluation method have hindered efforts to comprehend and evaluate electoral commission independence. The purpose of this study is to ascertain the significance of fair and free elections in democracies as well as the constitutional framework that guarantees free and fair elections. Furthermore, it makes an effort to recognize the historical and current influence of the judiciary on election outcomes.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 6, Page 240 - 252

DOI: https://doij.org/10.10000/IJLMH.116049

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