The court emphasized that discrepancies in election vote counts and missing documents justify a recount to uphold electoral integrity.

JUDGMENT :

(Sanjay Karol, J.)

PRELUDE

1. In the famous Gettysburg Address¹[Abraham Lincoln Presidential Library and Museum- https://presidentlincoln.illinois.gov/gettysburg] delivered on 19th November, 1863, President Abraham Lincoln uttered possibly the best description of democracy there ever would be –

“government of the people, by the people, for the people”

People, unquestionably, are at the center of this conception. The Indian Constitutional vision exemplifies this position. Right from the inception of democratic rule, universal adult franchise has found its place in our system of governance. Each election upholding these cherished values of public participation, equality and integrity of the vote is a testament to the vision of the founders. Each and every citizen, when it comes to choosing representatives in the parliamentary system, is indeed equal, when in other scenarios they may not be so, for a variety of reasons - class and caste divisions that are still deeply entrenched, gender inequality, lack of awareness and opportunities for disabled persons, etc.

This momentary equality assumes further importance as it signifies the achievability of the aspiration of equality for all through constitutional mechanisms. Granted that equality in other spheres cannot only be a product of constitutional action, and have to be accompanied by social change, but nonetheless, the strength of constitutional action is manifested thereby.

A.M Ahmadi, CJI, writing for a Constitution Bench in T.N Seshan v. Union of India, (1995) 4 SCC 611, while concerned with an Ordinance promulgated by the President of India being Ordinance (No. 32 of 1993) entitled “The Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amendment Ordinance, 1993” to amend “The Chief Election Commissioner and other Commissioners (Conditions of Service) Act, 1991” challenged by the then incumbent Chief Election Commissioner, observed :

“10. The Preamble of our Constitution proclaims that we are a Democratic Republic. Democracy being the basic feature of our constitutional set-up, there can be no two opinions that free and fair elections to our legislative bodies alone would guarantee the growth of a healthy democracy in the country…”

More recently, this Court in Anoop Baranwal v. Union of India, (2023) 6 SCC 161, the majority speaking through K.M Joseph J., observed :

“124. Unlike demands of a formal democracy, the hallmark of a substantive democracy and if we may say so, a liberal democracy must be borne in mind. Democracy is inextricably intertwined with power to the people. The ballot, is more potent than the most powerful gun. Democracy facilitates a peaceful revolution at the hands of the common man if elections are held in a free and fair manner. Elections can be conflated with a non- violent coup capable of unseating the most seemingly powerful governing parties, if they do not perform to fulfil the aspirations of the governed. Democracy is meaningful only if the sublime goals enshrined in the Preamble to the Constitution receive the undivided attention of the rulers, namely, social, political and economic justice. The concepts of liberty, equality and fraternity must not be strange bedfellows to the ruling class. Secularism, a basic feature of the Constitution must inform all actions of the State, and therefore, cannot be spurned but must be observed in letter and spirit. Democracy can be achieved only when the governing dispensation sincerely endeavours to observe the fundamental rights in letter and spirit. Democracy also, needless to say, would become fragile and may co