Institute of Legal and Management Studies

The judiciary has been at the forefront of safeguarding free and fair elections in India, said Justice Surya Kant, Judge of the Supreme Court. He said that the judiciary acted as a stabilising force to ensure that the "blood of democracy continues to flow unblemished."

Justice Kant was speaking at the First Annual Shri HL Sibal Memorial Lecture at the Punjab and Haryana High Court, organised by the High Court's Bar Association on Sunday. Chief Justice Sheel Nagu, Senior Advocate RS Cheema and Senior Advocate Kapil Sibal also spoke at the event. Jammu & Kashmir and Ladakh High Court Chief Justice Arun Palli and Justice Sanjeev Prakash Sharma, Rajasthan High Court Judge, Justices Anil Kshetarpal, Arun Monga from Delhi High Court and other judges of the High Court were also present.

Justice Surya Kant said that a fascinating aspect of our democracy is "the judiciary's role in safeguarding free and fair elections."

"In any democracy, elections are not mere procedural events; they are the foundation of democracy and often vulnerable to misuse. The power of judicial review to invalidate tainted elections and disqualify those engaged in electoral malpractices serves as important machines to uphold the integrity of our democratic process. In a country as diverse as ours with democracy permeating at every level, judiciary serves as a stabilising force, representing not just vote banks but constitutional values. It reinforces public trust and ensures that the blood of democracy continues to flow unblemished."

"As the Supreme Court resolutely observed, the principle of fair and free actions forms an essential part of our Basic Structure. One of the more visionary strides taken by our constitutional courts has been the expansive interpretation of Article 32, empowering the Election Commission to placidly supervise elections, independently and with decorum, while simultaneously securing the foundational freedom and democratic guarantees over to every citizen,”

Referring to landmark decisions on election law, Justice Kant said : "These principles I am highlighting to point out that this is the chain, the stream where Sibal Sahab, a stalwart like him contributed and what he argued in 1970s, 80s, eventually evolved in the constitutional jurisprudence by the Supreme Court ensuring "fair and free elections...."

A notable example is People's Union for Civil Liberties (PUCL) v. Union of India, wherein the Supreme Court struck down Section 33B of the Representation of the People Act, 1951. It was held that voters have a fundamental right to information about candidates, including their criminal records and financial assets, which is crucial for a fair and informed electoral process.

Justice Kant also referred to recent case of Sita Soren v. Union of India wherein the Supreme Court overturned the 1998 PV Narasimha Rao judgment which held that members of parliament and legislative assemblies could claim immunity under Articles 105(2) and 194(2) of the Constitution for receiving a bribe in contemplation of a vote or speech in the legislature.

Justice Kant said that HL Sibal's approach in cases pertaining to electoral corrupt practices was to persuade courts to have a "very conservative view, a conventional view".

"The reason was simple - that he wanted that the will and wish of people must be respected by court... merely because there are some allegations against a candidate who has won the election, unless it is found to be the case of hijacking the system or completely misdirecting the voters, his entire contour of argument was that - we respect the sentiments, will and wish of the voters, the electorate," he added.

Remembering distinguished lawyer H.L Sibal, Justice Surya Kant said that he was the first to argue the Habeas Corpus case in 1943, even when there was no concept of habeas corpus. At that time, the Magistrate himself accompanied him to ensure the person is released from illegal detention. "That was the professional acumen and persuasive power of Sibal Sahab," Justice Kant remembered.

Mentioning that HL Sibal had served twice as the Advocate General for both Punjab and Haryana, Justice Kant said that throughout his illustrious career, he remained apolitical and believed that he was not representing any political party or politician in power, but rather the State, as a constitutional duty.

Referring to HL Sibal as a mentor, a guide and a dear friend, Justice Kant said that “His wisdom shaped my thinking, his generosity uplifted me, his presence in my life was a gift."

HL Sibal was born in Lahore, Pakistan and moved to India after partition. He practiced at Lahore, and when the High Court was shifted to Shimla, he moved to Shimla and eventually to Chandigarh. He was also the President of the High Court Bar Association and held the post of Advocate General of both Punjab and Haryana twice. He was awarded as Padma Bhushan in 2006 and passed away in 2012. HL Sibal is known for having fought the cases of eminent Urdu writers Saadat Hasan Manto and Ismat Chughtai. He is the father of Senior Advocate Kapil Sibal and former Foreign Secretary Kanwal Sibal.