(a) The proposed Election Commission Act to have provisions to ensure that offenses or irregularities committed by the Election Commission to be brought to justice. (b) By amending the relevant law, to retain the provision requiring the Commission’s permission to file cases against government officers and employees, and to remove the legal barriers to conducting an investigation or inquiry in this regard. (c) To relax the prescribed time limit for filing cases under sections 73 and 74, in section 90 of the Representation of the People Order, 1972. (d) A time limit to be set for the disposal of electoral offense cases to expedite the length of adjudication and ensure timely justice.

Year
2025
Reform Domain
Electoral Process Electoral Process
Sub Domain
Electoral Offenses
Source of Reform Proposals
Electoral Reform Commission
Reform Proposed
Reform Proposed
Reform Initiated
Reform Initiated
Legal and Policy Framework
Legal and Policy Framework
Operationalisation
Operationalisation
Action Implementation
Action Implementation
Stage of Implementation
Reform Proposed
Reform Proposed
Strengthen legal accountability for electoral offences by empowering investigations against officials, removing time limits on cases, and ensuring timely adjudication of Election Commission misconduct.
Observation
    Establishing legal accountability for Election Commission irregularities is essential for public confidence; however, such accountability must be structured to balance institutional independence with safeguards against political misuse. Permitting enquiries without prior Election Commission authorisation, while retaining the requirement for prosecutorial approval, would enhance accountability but would require clearly defined protocols to prevent bureaucratic obstruction. Relaxing the time limits under sections 73 and 74 is crucial to improving access to justice, provided that robust complaint-management mechanisms are implemented to prevent abuse. Introducing time limits for the disposal of electoral offence cases could improve the timeliness of justice and strengthen deterrence; nevertheless, effective implementation would depend on adequate judicial capacity and inter-institutional coordination.
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Last Updated: 14th December 2025

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