Point of Law: Article 324 of Constitution of India postulates the superintendence, direction and control of election to be vested in an “Election Commission”. Clause (1) of Article 324 specially deals with power of superintendence, direction and control of preparation of the electoral rolls for, and conduct of, all elections to Parliament and to Legislature of every State arid of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission referred to in the Constitution as “Election Commission

JUDGMENT :

J.B.PARDIWALA, J.

“A judge should value independence above gold, not for his or her own benefit, but because it is of the essence of the rule of law.” - Lord Chief Justice Phillips

Dr. Barrack in his book ‘The Judge in a Democracy’ has very eloquently described the role and function of a judge:

“As a judge, I do not have a political platform. I am not a political person. Right and left, religious and secular, rich and poor, man and woman, disabled and nondisabled, all are equal in my eyes. All are human beings, created in the image of the Creator. I will protect the human dignity of each. I do not aspire to power. I do not seek to rule. I am aware of the chains that bind me as a judge and as the president of the Supreme Court. I have repeatedly emphasized the rule of law and not of the judge. I am aware of the importance of the other branches of government – legislative and executive – which give expression to democracy. Between those two branches are connecting bridges and checks and balances. I view my office as a mission. Judging is not a job. It is a way of life. Whenever I enter the courtroom, I do so with the deep sense that, as I sit at trial, I stand on trial.”

Indian Courts are bestowed upon with the duty to protect, deliberate and acknowledge the individual rights of the people with the continuing effort of upholding the constitutional beliefs of a democratic country. The initial dogmatic view regarding its role was only to resolve private disputes, predominantly of civil nature. The judges were also required to determine the question of guilt of persons charged with offences and also the degree of punishment that could implement the proper deterrent in the society. However, an indispensible function of the courts, which has now put a test, more particularly since the twentieth century, is its role as the arbiter of disputes between the State and the citizen. Government of a modern State in order to bring about socioeconomic changes and reforms would require discretionary power. Such possession of vast powers which operates through a human organization is inevitably threatened with the peril of abuse of power. Our Constitution-makers foreseeing such a danger, have consequently introduced an independent authority to ensure the protection of the individual rights, which are granted in the first place to balance against this government’s discretionary power.

Further, the authority is also responsible to see that the powers are not abused and that those armed with such powers exercise them in accordance with the laws enacted for the required purpose. According to the scheme of our Constitution, such command is exercised by the courts. The purpose of the courts as arbiter of disputes between the State and the citizen highlights the importance of the independence of the courts as an extremely powerful constitutional body, which carries a heavy onus to provide proper checks and balances in the system of governance.

Now, this role requires every judge to understand its basic function which is to interpret the law according to the given facts of the case. In exercising the power of judicial review, there is a theoretical prohibition on courts that it must not replace its ideas against the wisdom behind the legislation. The policy matters fall under the domain of legislature’s functions. Nonetheless, the responsibility of the courts is to adjudicate on the validity of the legislations and whether they are in consonance with or in violation of the provisions of the Constitution. Once the courts have done that, their duty ends.

1. By this writ application under Article 226 of the Constitution of India, the writ applicants have prayed for the following reliefs;

A. Your Lordships be pleased to hold and declare that failure on part of petitioners to submit to respondent Election Officer their mandate, in support of forms having alr