Supreme Court’s Intervention in Governor’s Inaction Cases
- ByAdmin --
- 20 May 2025 --
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Following the 2024 Lok Sabha elections, the Election Commission of India (ECI) continues to be the cornerstone of India’s democracy. Established under Article 324 of the Constitution, the ECI is vested with the superintendence, direction, and control of elections to the Parliament, State Legislatures, and the offices of the President and Vice President.
The post-election period is crucial for the ECI, as its responsibilities extend beyond merely conducting elections to maintaining the democratic process through oversight, dispute resolution, and voter awareness.
Key Responsibilities Post-Election
- Constitution of the New Lok Sabha
The ECI officially notifies the list of elected Members of Parliament and submits it to the President, facilitating the formal constitution of the 18th Lok Sabha. This step ensures a smooth and constitutionally valid transition of power.
- Addressing Post-Election Disputes
The Commission handles complaints and petitions regarding electoral malpractice, corrupt practices, or violations under the Representation of the People Act, 1951. This Act empowers the ECI and judiciary to investigate and adjudicate disputes concerning election results.
- Enforcement of the Model Code of Conduct (MCC)
While the MCC primarily governs pre-election activities, its ethical standards remain relevant post-election, especially during government formation. The MCC works alongside constitutional freedoms, such as Article 19(1)(a) (freedom of speech) and Article 21 (protection of life), to ensure fair political conduct.
- Voter Education and Awareness
The ECI undertakes continuous voter education programs, emphasizing the importance of participation and awareness about electoral processes. These initiatives align with the Representation of the People Act, 1950, which governs voter registration and electoral rolls.
Challenges and Opportunities Post-2024
- Combating Misinformation and Digital Influence
The 2024 elections highlighted the growing impact of social media on voter behavior. The ECI responded by collaborating with digital platforms, enhancing digital monitoring, and enforcing guidelines under the Election Symbols (Reservation and Allotment) Order, 1968 and campaign finance rules.
- Preventing Electoral Malpractices
The Commission remains vigilant against coercion, bribery, and other corrupt practices punishable under the Indian Penal Code (IPC), Sections 171B to 171I. These laws help maintain the sanctity of the electoral verdict and protect voter choice.
- Ensuring Transparency and Trust
Post-election efforts include promoting the use of Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trail (VVPAT) systems, enhancing the transparency and reliability of the voting process.
Conclusion
The Election Commission’s role after the 2024 Lok Sabha polls is vital in preserving democratic values. Through the enforcement of electoral laws such as the Representation of the People Acts, adherence to constitutional provisions under Article 324, and commitment to voter education, the ECI ensures that India’s democracy remains vibrant, fair, and transparent.
The Governor of a State in India, appointed under Article 155 of the Constitution, plays a vital role in the functioning of the state government. However, instances where Governors fail to act, especially in politically sensitive situations such as government formation or dismissal, have frequently invited judicial scrutiny. The Supreme Court of India has been proactive in intervening in such cases to uphold constitutional propriety and democratic principles.
Role of the Governor and Grounds for Inaction
- The Governor acts as the constitutional head of the State under Article 154, and has discretionary powers in certain situations like appointing the Chief Minister or recommending President’s Rule under Article 356.
- However, when the Governor fails to perform their duties or delays action in crucial political matters, it leads to a constitutional crisis and undermines democratic governance.
- Inaction may involve failure to invite the majority party to form government, delay in recommending President’s Rule, or refusal to act on Cabinet advice.
Supreme Court’s Approach to Governor’s Inaction
- Judicial Review of Governor’s Actions
The Supreme Court has held that the Governor’s discretionary powers are subject to judicial review if exercised arbitrarily or mala fide. The Court ensures that Governors act within constitutional boundaries and respect democratic mandates.
- Landmark Cases
- Rameshwar Prasad vs. Union of India (2006): The Court emphasized the Governor’s duty to act fairly and not to be influenced by partisan considerations. It ruled that the Governor cannot remain inactive or refuse to perform constitutional functions.
- Nabam Rebia & Bamang Felix vs. Deputy Speaker (2016): The Court reiterated that Governors should exercise powers fairly and promptly to avoid constitutional deadlock.
- SR Bommai vs. Union of India (1994): The judgment clarified the scope of the Governor’s discretion in recommending President’s Rule and the Court’s power to review misuse of Article 356.
- Rameshwar Prasad vs. Union of India (2006): The Court emphasized the Governor’s duty to act fairly and not to be influenced by partisan considerations. It ruled that the Governor cannot remain inactive or refuse to perform constitutional functions.
- Timely Intervention to Restore Constitutional Order
The Supreme Court has intervened to direct Governors to act in accordance with constitutional duties, especially where delay or refusal harms the democratic process.
Legal Provisions Governing Governor’s Functions
- Article 153-162 of the Constitution of India outline the powers, functions, and appointment of Governors.
- Article 163 mandates that the Governor shall act on the aid and advice of the Council of Ministers, except in cases where discretion is allowed.
- Article 356 provides for President’s Rule on Governor’s report of failure of constitutional machinery.
- Judicial Review under Articles 32 and 226 empowers the Supreme Court and High Courts to intervene in cases of constitutional violations.
Challenges and Significance
- Governors are expected to act impartially, but political pressures sometimes cause hesitation or inaction.
- Supreme Court’s intervention safeguards federal balance by ensuring Governors do not become tools for political maneuvering.
Judicial oversight promotes accountability and protects the democratic process by preventing unconstitutional delays or refusals in governance.
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