Institutions Like ECI, CAG Must Function Independently, Free From Political Influence: Justice BV Nagarathna

Supreme Court judge Justice BV Nagarathna on Saturday emphasized that constitutional institutions such as the Election Commission of India and the Comptroller and Auditor General must function independently and remain insulated from political influence to preserve the integrity of democratic governance.Speaking at the 1st Dr Rajendra Prasad Memorial Lecture on "Constitutionalism beyond Rights: Why Structure Matters" at Chanakya National Law University, Patna, Justice Nagarathna said that the Constitution deliberately created specialized institutions to oversee critical domains where the ordinary political process may not sufficiently ensure neutrality and accountability. She stressed that it is of utmost importance that such institutions function independently and are not influenced by political processes.Independence Of Election Commission Crucial To Integrity Of ElectionsJustice Nagarathna highlighted the constitutional significance of the Election Commission of India under Article 324, noting that elections are not merely periodic events but the very mechanism through which political authority is constituted. She said that control over the electoral process effectively determines the conditions of political competition in a democracy.Referring to the Supreme Court's decision in T.N. Seshan v. Union of India, she noted that the Court recognized the Election Commission as a constitutional authority of high significance entrusted with ensuring the integrity of elections. "Elections are not merely periodic events; they are the mechanism through which political authority is constituted. Our constitutional democracy has amply demonstrated smooth changes in Government due to elections being held on a timely basis. Control over that process is, in effect, control over the conditions of political competition itself."Independent Audit By CAG Ensures Accountability In Public SpendingJustice Nagarathna also spoke about the constitutional role of the Comptroller and Auditor General (CAG) under Article 148, observing that public expenditure is not merely an administrative function but a mechanism through which resources are allocated and governmental priorities are enforced.She explained that without independent oversight, fiscal decisions may escape scrutiny and accountability. The CAG, by conducting external audits, ensures that public expenditure is examined by an authority independent of the executive and legislature that incur such expenditure.Finance Commission Prevents Political Control Over Fiscal FlowsThe judge further noted that the Finance Commission, constituted under Article 280, serves to prevent fiscal dependence from translating into political dependence. By entrusting the allocation of financial resources to a constitutionally mandated body, the Constitution seeks to ensure that distribution of funds is guided by objective principles rather than political advantage."These institutions share a common design logic. They are insulated, specialised, and tasked with overseeing domains where the ordinary political process may be insufficient to ensure neutrality. It is of utmost importance that these institutions function independently and not to be influenced by political processes," she said.Justice Nagarathna added that alongside constitutional bodies, several statutory regulatory institutions have emerged to address the growing complexity of governance. She cited the Competition Commission of India, the Securities and Exchange Board of India, and the Telecom Regulatory Authority of India as examples of institutions designed to regulate technically complex and economically significant sectors.She concluded by reiterating that the independence of such institutions forms a structural safeguard within the constitutional framework, ensuring neutrality, accountability, and balance in the exercise of public power. "The unmistakable lesson of history is that constitutional collapse occurs through the disabling of its structure and the violation of rights merely follows. The dismantling of structure, in turn, occurs when institutions stop checking each other. In that moment, elections may continue, courts may function, laws may be enacted by the Parliament; and yet, power is effectively not restrained because the structural discipline no longer exists."The event also saw the presence of Justice Ahsanuddin Amanullah of the Supreme Court, Chief Justice Sangam Kumar Sahoo of the Patna High Court (Chancellor of CNLU), and Vice-Chancellor Faizan Mustafa. Also from the lecture - Centre Should Not View States As Subordinates; Citizens Of A State Cannot Be Discriminated Against: Justice BV Nagarathna

Institutions Like ECI, CAG Must Function Independently, Free From Political Influence: Justice BV Nagarathna

Gursimran Kaur Bakshi

Justice Nagarathna highlighted that control over the election process is in effect a control over political competition.

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