ValkyaEditorial

Tagged “election-commission”

3 articles on election-commission.

Supreme CourtSupreme Court of India

ADR v. Election Commission (2024): Supreme Court upholds EVM-VVPAT, refuses 100% verification but tightens safeguards

The Supreme Court rejected the plea for 100% EVM-VVPAT cross-verification and a return to ballot papers, upholding the electronic voting system. But it issued fresh safeguard directions: sealing Symbol Loading Units for 45 days and allowing post-result checks of EVM microcontrollers on a losing candidate's written request.

Valkya Editorial··6 min
LandmarkSupreme Court of India

Mohinder Singh Gill v. Chief Election Commissioner: the reservoir of powers under Article 324 and the reasons doctrine

On 2 December 1977, a five-judge Constitution Bench held that Article 324 vests the Election Commission of India with plenary and residuary powers wherever statute or rules are silent, but that those powers must be exercised consistently with natural justice and on reasons stated when the order is made — not on reasons supplied later by affidavit. The judgment also reaffirmed that Article 329(b) bars judicial interference with the election process between notification and declaration, leaving the election petition as the sole post-result remedy.

Valkya Editorial··15 min
LandmarkSupreme Court of India

Anoop Baranwal v. Union of India: the appointment of Election Commissioners and Parliament's 2023 response

On 2 March 2023, a five-judge Constitution Bench unanimously held that the Chief Election Commissioner and Election Commissioners must, until Parliament legislates, be appointed by the President on the recommendation of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. Parliament's response — the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 — replaced the CJI with a Union Cabinet Minister, and the constitutional challenges to the Act are now pending. A digest of the judgment, the committee architecture, and the contested response.

Valkya Editorial··8 min