'Vote Chori' or political rhetoric? A Constitutional, statutory appraisal

The conduct of free and fair elections as held in the landmark ruling Indira Nehru Gandhi vs. Raj Narain forms the bedrock of representative democracy in India.

- DR. NIDHI SHARMA

The judgement is one of the significant decisions in the history of the Constitution of India as it firmly established that elections cannot escape judicial scrutiny. The case reiterated the doctrine of Rule of law that no political leader, not even the Prime Minister was above the law. The framers of the Constitution were also conscious of the challenges that may ensue in a newly democratic nation and this is the reason that the Election Commission of India was constituted under Article 324 of the Constitution. The specialised body is entrusted with the task of supervision, direction and control of the elections to the Parliament and State Legislatures in India. In the case of Mohinder Singh Gill vs. Chief Election Commissioner it was affirmed by the Honorable Supreme Court that the powers of the commission are wide and plenary enabling it to fill the gaps where statutory law falls silent. The Representation of the People Act, 1950 and 1951 further elaborate the statutory framework for the registration of voters, electoral rolls and resolution of electoral disputes.