Former Supreme Court Justice Kurian Joseph Calls for Constitutional Safeguards for the Election Commission Amid Growing Street Protests

Former Supreme Court judge Kurian Joseph addressed a constitutional convention organized by the Indian Association of Lawyers (IAL) in Kerala, urging that the appointment and service conditions of the Election Commission of India (ECI) be entrenched in the Constitution rather than left to parliamentary legislation. He argued that such an amendment would provide a stronger safeguard for the Commission’s integrity and independence.

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The convention took place against nationwide demonstrations demanding the resignation of Chief Election Commissioner Gyanesh Kumar. Protesters allege mass deletions from electoral rolls and irregularities in a special intensive revision, prompting detentions, movement restrictions, and a Supreme Court intervention. Writer K.R. Balakrishnan Nair condemned the roll-revision process as a violation of natural-justice principles.

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• He questioned the distinction between removal procedures for the Chief Election Commissioner and other Commissioners, recommending uniform safeguards for all members.

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• Watchdog Analogy: He described the Supreme Court as a “guardian” and “watchdog” that must not only bark but also bite when constitutional violations persist, urging courts to move beyond mere warnings.

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Embedding the ECI’s structural safeguards in the Constitution could limit political influence over the body that administers elections, thereby strengthening the credibility of India’s democratic processes. Joseph’s framing of street protest as a constitutional duty underscores a growing perception that institutional checks are insufficient, potentially reshaping the relationship between civil society and formal governance mechanisms.

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• “When the Parliament and courts fail, then the street would come to our rescue.” — Justice Kurian Joseph

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• “The credibility of the institutions, there is a perception which is very grossly shaken, and that is the reason what we see in the street. As Dr. Ram Manohar Lohia said, now the street is coming to the rescue of democracy,” — Justice Kurian Joseph

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• “Once the integrity of the person holding that high office is compromised, then there is no independence, and that is death knell for democracy in India,” — Justice Kurian Joseph

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• “We have heard that famous saying that the barking dog seldom bites. But this watchdog, this guardian (the Supreme Court), is bound to bite also if the barking does not lead to the desired result,” — Justice Kurian Joseph

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• “The EC's appointment and service conditions should be ingrained in the Constitution itself. That would probably serve as a better safeguard and go a long way in ensuring the integrity and independence of the EC and will be in tune with the Constitution,” — Justice Kurian Joseph

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