Skip to main content

Abuse of power? Supreme Court seems to be 'interfering' in all sorts of matters

Kamal Nath 
By NS Venkataraman*
It seemed surprising, even shocking, when recently the Supreme Court thought it fit to stay the October 30 order of the Election Commission, revoking the “star campaigner” status of former Madhya Pradesh chief minister Kamal Nath. Are the Supreme Court judges suffer from a superiority complex vis a vis that of the Election Commissioners?
The Chief Justice of the Supreme Court appears to have failed to keep in mind that the Election Commission is a constitutional body, as much as the judiciary is. Both these constitutional bodies have a definite role to play and have been vested with authority to ensure orderliness and fair play in their domain.
The Chief Justice of India, heading a three judge bench, said the Election Commission had no power to determine who should be the “star campaigner” of a political party. The Chief Justice further asked the Election Commission “who gives you the power to determine who is the leader of the party. We are staying this order. You have no power.”
In recent times, the judiciary has been repeatedly accused of overreaching its powers and interfering in matters that have nothing to do with the interpretation of law and are entirely within the administrative power and responsibilities of the government. The Supreme Court has even interfered in matters relating to conducting NEET examinations and several other purely administrative decisions.
Who has given the powers to the Supreme Court to interfere in such administrative decisions? Judges seem to think that they have the inherent powers to interfere in all sorts of matters and sometimes, even take cases on their own when nobody has filed a complaint.
If the judiciary, which is a constitutional body , thinks that it has inherent and sky high powers, then it should respect the inherent powers of the Election Commission too, which is also a constitutional body.
In the last several years, the judiciary has repeatedly overruled the decisions of the Election Commission on various matters and reduced the status of the Election Commission to that of a litigant. Is it not a case of abuse of power by the judiciary?
In the process, the judiciary has systematically reduced the powers and status of the Election Commission and have virtually made it a laughing stock, eroding the independence of the Election Commission.
What is particularly unfortunate is that the Election Commissioners have not cared to challenge the judiciary for over ruling their decisions and they seem to have failed to realize the fact that Election Commission is an independent constitutional body. Now, the situation is so bad that Election Commissioners seem to fear the judges and hesitate to take decisions thinking that the judges may overrule them.
Why are Election Commissioners so submissive and lack confidence to assert their authority given to them by the Constitution?
Why are Election Commissioners so submissive and lack confidence to assert their authority given to them by the Constitution? As far as the election matters are concerned, the Election Commission should be the ultimate authority and their decisions have to be accepted in toto. If this would not be so, then there is no meaning in viewing the Election Commission as a constitutional body.
Probably one and perhaps the only reason why Election Commissioners do not protect the image and authority of the Election Commission is that most of the Election Commissioners are former bureaucrats, who are used to accept commands rather than deliver commands in their entire career.
Perhaps, if judges were to be appointed as Election Commissioners, then the judges in the courts would be hesitant to overrule the decisions of the Election Commission, since judges as Election Commissioners would protest and even defy the directives of the judiciary. Judges as election commissioners would quote the constitutional provisions and the judges in the courts would have to listen when confronted.
In ensuring peaceful, orderly and honest elections in India, Election Commission has the most important role to play. It would be a dangerous trend to belittle the Election Commission by the judiciary, as a weakened Election Commission would be the death knell for conducting fair elections and these elections are the essential aspect of healthy democracy.
---
*Trustee, Nandini Voice for The Deprived, Chennai

Comments

TRENDING

Wave of disappearances sparks human rights fears for activists in Delhi

By Harsh Thakor*  A philosophy student from Zakir Hussain College, Delhi University, and an activist associated with Nazariya magazine, Rudra, has been reported missing since the morning of July 19, 2025. This disappearance adds to a growing concern among human rights advocates regarding the escalating number of detentions and disappearances of activists in Delhi.

How community leaders overcome obstacles to protect forests and pastures in remote villages

By Bharat Dogra  Dheera Ram Kapaya grew up in such poverty that, unable to attend school himself, he would carry another boy’s heavy school bag for five kilometers just to get a scoop of daliya (porridge). When he was finally able to attend school, he had to leave after class five to join other adolescent workers. However, as soon as opportunities arose, he involved himself in community efforts—promoting forest protection, adult literacy, and other constructive initiatives. His hidden talent for writing emerged during this time, and he became known for the songs and street play scripts he created to promote forest conservation, discourage child marriages, and support other social reforms.

‘Act of war on agriculture’: Aruna Rodrigues slams GM crop expansion and regulatory apathy

By Rosamma Thomas*  Expressing appreciation to the Union Agriculture Minister for inviting suggestions from farmers and concerned citizens on the sharp decline in cotton crop productivity, Aruna Rodrigues—lead petitioner in the Supreme Court case ongoing since 2005 that seeks a moratorium on genetically modified (GM) crops—wrote to Union Minister Shivraj Singh Chouhan on July 14, 2025, stating that conflicts of interest have infiltrated India’s regulatory system like a spreading cancer, including within the Indian Council for Agricultural Research (ICAR).

The GMO illusion: Three decades of hype, harm, and false hope

By Sridhar Radhakrishnan  Three decades of hype, billions of dollars spent, and still no miracle crop. It's time to abandon the GMO biotech fairy tale and return to the soil, the seed, and the farmer. “Trust us,” they said. “GMOs will feed the world.” Picture a world where there is plenty of food, no hunger, fields grow without chemical pesticides, children are saved from malnutrition, and people live healthily.

Sandra Gonzalez Sanabria: An inspiring life from Colombia’s Amazonian valley

By Vidya Bhushan Rawat*  In the village of Héctor Ramírez, known as Agua Bonita, in La Montañita, Caquetá, Colombia, a vision of peace and renewal is unfolding. In the pre-2016 period, this would have been nearly impossible for outsiders to visit, as it was the epicenter of violent resistance against state oppression. However, after the Peace Accord was signed between the Colombian government and former revolutionaries—marking the end of a 70-year insurgency that claimed over 400,000 lives until 2025, including civilians, rebel fighters, and security personnel—things began to change. Visiting Agua Bonita during the Global Land Forum in Bogotá revealed a village of hope and resilience. Former FARC revolutionaries have settled here and transformed the village into a center of peace and aspiration.

Indigenous Karen activist calls for global solidarity amid continued struggles in Burma

By A Representative   At the International Festival for People’s Rights and Struggles (IFPRS), Naw Paw Pree, an Indigenous Karen activist from the Karen Human Rights Group (KHRG), shared her experiences of oppression, resilience, and hope. Organized with the support of the International Indigenous Peoples Movement for Self-Determination and Liberation (IPMSDL), the event brought together Indigenous and marginalized communities from across the globe, offering a rare safe space for shared learning, solidarity, and expression.

Activists allege abduction and torture by Delhi Police Special Cell in missing person probe

By A Representative   A press statement released today by the Campaign Against State Repression (CASR) alleges that several student and social activists have been abducted, illegally detained, and subjected to torture by the Delhi Police Special Cell. The CASR claims these actions are linked to an investigation into the disappearance of Vallika Varshri, an editorial team member of 'Nazariya' magazine.

India’s zero-emission, eco-friendly energy strategies have a long way to go, despite impressive progress

By N.S. Venkataraman*   The recent report released by OPEC’s World Oil Outlook 2025 has predicted that by the year 2050, crude oil would replace coal as India’s key energy source. Clearly, OPEC expects that India’s dependence on fossil fuels for energy will continue to remain high in one form or another.

Gender violence defies stringent laws: The need for robust social capital

By Dr. Manoj Kumar Mishra*  The tragic death of Miss Soumyashree Bisi, a 20-year-old student from Fakir Mohan College, Balasore, who reportedly self-immolated due to harassment, shocked the conscience of Odisha. Even before the public could process this horrifying event, another harrowing case emerged—a 15-year-old girl from Balanga, Puri, was allegedly set ablaze by miscreants. These incidents are not isolated; they highlight a disturbing pattern of rising gender-based violence across the state and the country.