In a significant verdict, the Supreme Court of India upheld the dismissal of a petition filed by the National Human Rights Commission (NHRC) challenging the Calcutta High Court's decision to annul the NHRC's move to appoint its observers for the panchayat elections in West Bengal. The Calcutta High Court had previously set aside the NHRC's directive to deploy human rights observers in the state during the 2023 Panchayat Elections, a decision which was subsequently upheld by the Supreme Court.
A bench comprising Justices B V Nagarathna and Ujjal Bhuyan dismissed the Special Leave Petition (SLP) filed by the NHRC, noting that the NHRC's actions had crossed boundaries and interfered with the autonomy and independence of the State Election Commission (SEC). The NHRC's intention to appoint observers was motivated by media reports of widespread violence during the elections, but the Court ruled that this approach was contrary to the constitutional provisions that grant exclusive jurisdiction to the SEC over the conduct of elections.
The Supreme Court's order emphasized that the NHRC's exercise of powers under Section 12 of the Human Rights Act, 1993, though well-intentioned, was in violation of Article 243(K) of the Constitution. The NHRC's move to supervise the election process paralleled the role of the SEC, compromising its autonomy. The Court acknowledged the NHRC's mandate to protect human rights, but it underscored that such actions should be taken within the framework of established constitutional roles.
Senior Advocate Maninder Singh, representing the NHRC, argued that the NHRC's jurisdiction was not barred by the Election Commission's authority. However, the Court held that the NHRC's intervention was not warranted in a situation where a constitutional body like the SEC was entrusted with the responsibility of overseeing elections. The bench remarked that the NHRC's role should align with instances where human rights violations were at play.
Justice B V Nagarathna drew attention to a previous Supreme Court order from June 2023 that upheld the Calcutta High Court's direction to the SEC to requisition central paramilitary forces for the Panchayat Elections. The justice questioned the appropriateness of the Supreme Court's intervention in the election process and whether it had crossed its own boundaries. Justice Nagarathna also stated that the NHRC had opportunities to intervene in other instances of human rights violations, but its actions in the present case were excessive.
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