Browsing by Author "SHIVAM PATEL"

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    In Search of Guardian of the Constitution – Election Commission and Fourth Branch Institution.
    (National Law School of India Univercity, 2025-04) SHIVAM PATEL
    This dissertation takes a closer look at how the Election Commission of India (ECI) is evolving within the broader landscape of constitutional governance. Specifically, it asks whether the ECI can be categorized as as a “Fourth Branch” institution a kind of independent guardian of the Indian Constitution. In today’s world, where democratic norms are under pressure and institutions are weakening, the usual checks and balances—mainly the judiciary and legislature can not always go far enough in upholding key constitutional values like fairness, impartiality, and accountability. So, this study explores whether bodies like the ECI, which are meant to operate independently from the traditional three branches of government, can help fill this gap and push back against the rise of majoritarianism. I will also look into the relationship between ECI and Judiciary, as to how judiciary plays a role in safeguarding the democracy. This is an attempt to bring all this together and reimagines what constitutional guardianship could look like in India. While the ECI shows several signs of being a Fourth Branch institution, its vulnerability to executive control and the lack of solid legal protections still hold it back. The study ends by calling for reforms—more transparent appointment processes, clearer legal frameworks, and stronger judicial support—to help the ECI fully live up to its constitutional mission. Ultimately, this work adds to a broader conversation about how democracies can evolve their institutions to meet today’s challenges and better defend their core values.