The National Human Rights Commission does not have the jurisdiction to issue pre-emptive directions regarding elections based solely on media reports and conjectures, and cannot interdict the constitutional powers of the State Election Commission.

JUDGMENT :

Sabyasachi Bhattacharyya, J.

1. The West Bengal State Election Commission has challenged an order passed by the National Human Rights Commission (respondent no.1), whereby certain directions were issued in connection with the ongoing Panchayat Elections in West Bengal.

2. It is submitted that the respondent no.1 had no jurisdiction to do so. Learned senior counsel for the petitioner cites the provisions of the Protection of Human Rights Act, 1993 (hereinafter referred to as, “the 1993 Act”) to argue that the limited jurisdiction of the respondent no.1 is merely recommendatory. By placing reliance on the provisions of Section 12 of the said Act, it is argued that the functions of the Commission are restricted to making recommendations, that too, only with regard to causes of action which have already occurred. In the present case, admittedly, the National Commission (NHRC) has sought to take pre-emptive steps, which are beyond its authority.

3. It is argued that the Election Commission is a constitutional authority, vested with powers by the Constitution of India itself. Such powers are plenary insofar as elections are concerned. It is submitted that the NHRC has no such plenary powers, being a statutory body functioning within the authority of such statute. It is argued that the respondent no.1 has no power to monitor the activity of a constitutional authority like the State Election Commission (SEC) and, as such, the impugned directions are vitiated by utter lack of jurisdiction.

4. To highlight the differences in status between the State Election Commission and the NHRC, learned senior counsel places reliance upon Article 243-K of the Constitution, which relates to elections to the Panchayats. The superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections to the Panchayats shall be vested in a State Election Commission in terms of Clause (1) of Article 243-K. Under Article 243-O, there is bar to interference by Courts in electoral matters. It is argued that since Courts themselves are barred, the NHRC, being a statutory recommendatory authority, does not have the power to interfere with such powers of the Election Commission.

5. It is next argued that the said Articles are pari materia with the Constitutional provisions regarding general elections to the Parliament and State Legislative Assemblies as provided in Article 324 of the Constitution of India, where similar powers are given to the Election Commission of the country.

6. It is submitted that just as under Article 243-K(3) the Governor of a State can be requested by the State Election Commission to make available such staff as may be necessary for the discharge of the functions conferred on it, Article 324(6) stipulates similar provisions in respect of the President or the Governor of a State.

7. Again, Article 329 provides a bar to interference by Courts in electoral matters, which is on a similar footing as Article 243-O of the Constitution, which pertains to State Elections Commissions.

8. The powers of the Election Commission within the contemplation of Article 324 have been laid down by the Supreme Court in several judgments, it is argued. In support of his contentions, learned senior counsel appearing for the State Election Commission/petitioner cites Kanhiya Lal Omar Vs. R.K. Trivedi and others, reported at (1985) 4 SCC 628. It was stated by the Supreme Court that the words “superintendence”, “direction” and “control” are wide enough to include all powers necessary for the smooth conduct of elections.

9. The general powers of superintendence, direction and control of the elections, vested in the Commission under Article 324(1), were held only to be subject to any law made either under Article 327 or under Article 328 of the Constitution. The word “election” in Article 324, it was held, is used in a wide sense so as to include the entire process of election which consists of several stages and embraces ma