Electoral Reforms Through Judicial Intervention: An Attempt at Preserving Democracy

Abstract

The notion of democracy draws value from the ideals of “free and fair elections and “good governance.” Inadequate and flawed electoral process is obstacle to democracy, justice and liberty. It results in absolute obliteration of public tranquillity and peace. Electoral reforms are therefore important to preserve democracy in its true spirit. In today’s world the two main pillars of democracy, that are, executive and legislature, have reduced to a sheer chimera, and thus, judiciary is the alternative left to the Indian democracy. In light of the debilitating Indian democracy, the paper critically analyses the recent judicial intervention through three instances of Supreme Court’s rulings in Chief Election Commissioner v. Jan Chaukidar, Lily Thomas v. Union of India, and People’s Union for Civil Liberties and Anr. v. Union of India, having a predominant impact on electoral reforms viz-a-viz the right to vote, decriminalization of politics and freedom of expression to voters.