Justice Nagarathna Stresses Independence Of EC, CAG, Flags Structural Risks

Supreme Court Justice B V Nagarathna on Saturday underscored the need for the Election Commission of India to function independently, free from political influence. She also highlighted the importance of autonomy for other central institutions.

“It is of utmost importance that these institutions function independently and not to be influenced by political processes,” she said.

Justice Nagarathna, who is in line to become the Chief Justice in September 2027 as per seniority, made the remarks while addressing an event at Chanakya National Law University in Patna on the theme “Constitutionalism beyond Rights: Why Structure Matters”.

Warning On ‘Constitutional Breakdown’

She cautioned that a constitutional breakdown may not always be overt, but can occur through a gradual weakening of institutional structures, even when rights remain formally intact.

“The dismantling of structure 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,” she said.

Role Of Oversight Institutions

Justice Nagarathna noted that bodies such as the Election Commission, the Comptroller and Auditor General (CAG), and the Finance Commission are “insulated, specialised and given tasks where it may be insufficient to ensure neutrality”.

Reiterating her point, she said, “It is of utmost importance that these institutions function independently and not to be influenced by political processes.”

Elections And The Question Of ‘Control’

Speaking about the role of elections in a democracy, she said the process goes beyond routine administration and is central to the formation of political authority.

“Our constitutional democracy has amply demonstrated smooth changes in government due to elections being held on a timely basis,” she said.

“Control over that process is, in effect, control over the conditions of political competition itself,” she added.

Health Of The Constitution

Justice Nagarathna also reflected on the broader health of the Constitution, stating that it depends on whether institutions perform their roles as intended.

She said it rests on “whether the legislature deliberates on forthcoming laws rather than merely stamps approval” and “whether the executive governs within law rather than over it.”