Electoral Democracy and Judicialization of Politics: The Expanding Role of Constitutional Courts in India

Abstract

This has led to the judicialization of politics becoming one of the characteristics of the modern Indian electoral democracy that has witnessed an increased involvement of constitutional courts in the governance of elections and political affairs. The paper discusses how constitutional courts in India are increasingly playing a large role especially in disqualifying legislators, anti-defection jurisprudence, electoral transparency, political funding, and even looking at the integrity of electoral institutions. It evaluates the role of the Supreme Court of India as a guardian of constitutional morality and democratic integrity whose role has become more and more active in reaction to the institutional failures of the political actors. Though the role of judiciary has been instrumental in increasing procedural protection, accountability, and also bolstering the independence of electoral bodies like the Election Commission of India, it has also been a point of contention over judicial activism and the degradation of representative decision-making. The article critically assesses the role of judicialization as a corrective tool that strengthens electoral democracy or as the tool that undermines political accountability through the democratic choice being replaced with the judicial power.