Received: 19.06.2021; Revised: 28.07.2021, Accepted: 21.09.2021, Published Online: 26.10.2021

Parindu Bhagat

Ph.D. Scholar, Nirma Institute of Law, Nirma University Ahmedabad


Power of judiciary is a basic and important feature of the Constitution[1]. Democracy is of the people, for the people, and by the people. The representatives duly elected by the electors form the Government and rule the State. The process and the event to which electors express their will and trust is none but an election. Every process is governed and conducted through a legal framework of statutes and rules.

The election is a game wherein someone gains, and the other is a loser. It is a game of power, and power is always greedy. This greediness of gaining power gives birth to an election dispute. Election dispute arises by the authorities’ misconduct or misinterpretation of the election law/rules. Corrupt practices, undue influence, money, muscle power, communal or casteism influence cause election disputes. Justice to all, equality to all contesting candidates, in voting, to be elected, to the campaign, and to maintain the dignity of the candidates is safeguarded by the Constitution. This duty is assigned to the Judiciary under the power of its judicial review. To maintain the purity, fairness, transparency in the election within the provisions of election laws is also under the scanner of judicial review.

The study and focus on the role of the Indian Judiciary in an election are important as India, being the biggest Democracy in the contest as India is going to complete its seventy-five years of history of Democracy.

Keywords: Judicial review power, election laws, the election process.

[1] L Chandra Kumar v. Union of India. 1995 AIR 1151, 1995 SCC (1) 400.