How PMO letter to EC challenged institutional balance

News: Earlier, a letter written by the Law Ministry to the Election Commission (EC) on November 15, has come under criticism. This letter created debates regarding India’s institutional structure and its traditions and conventions. The recent press communiqué of the Law Ministry offer certain logical conclusions and clarifications.

What are the clarifications given by the communiqué of the Law Ministry?

The PMO had only addressed its communication to convening the meeting to the cabinet secretary, law secretary and secretary, legislative department. It was the secretary, legislative department (SLD) who “thought it appropriate” to “invite officials of the Election Commission to this meeting”.

The text of the legislative department’s letter has not been released. However, It is inconceivable for even a nodal department to take such an initiative on its own.

What needs to be done?

Follow constitutional and legal mandates: The national good requires that the three organs of the state and independent constitutional bodies function harmoniously in accordance with their constitutional and legal mandates. It also needs that their inter-relations should maintain each other’s dignity.

Follow the conventions and traditions: Like Kanhaiya Lal Misra said that the muscles, connective tissue and the coursing blood have given the institution like the High Court its strength, its resilience and even its glory. What Misra said about high courts applies generally to the polity as a whole.

Conventions and traditions strengthened the foundations of Indian democracy in all its manifestations.

The political class should show respect for independent institutions: The historical experience of the ages shows that all political power is inherently expansive. They use notions such as “committed bureaucracy and judiciary” and stick and carrot approach

So, the consultations between independent institutions and the executive should occur, but the political class should show respect.

In conclusion, It is time for the head of the organs of state and the institutions and the public to scrutinise the entire corpus of the Indian state’s conventions to strengthen India’s democratic polity.

Source– This post is based on the article “How PMO letter to EC challenged institutional balance” published in Indian Express on 17^th Dec 2021.