Wednesday, September 23, 2026

Why Legal Clearance Does Not Ensure Real Fairness

DEMOCRACY thrives not merely on strict adherence to written rules, but on the deep trust citizens place in public processes. Delivering the inaugural Prof. Jagdeep Singh Chhokar Memorial Lecture organised by the Association for Democratic Reforms (ADR) in New Delhi on 3 September 2026, former Election Commissioner Ashok Lavasa, a retired 1980-batch IAS officer and former Union Finance Secretary who later served at the Asian Development Bank, raised fundamental questions regarding the ongoing Special Intensive Revision of electoral rolls. His assertion that an exercise is not automatically fair simply because it carries judicial backing or government sanction challenges the growing tendency of state institutions to hide behind technical legalities. In a vast nation where millions rely on their voting rights as their ultimate democratic voice, the process of verifying voters must be guided by empathy, transparency, and accessibility rather than bureaucratic rigidity. When administrative procedures become unnecessarily burdensome, the mere fact that they are legally permissible does not make them morally sound or democratically just.

The trend of constitutional bodies relying strictly on formal legality to justify sweeping administrative measures risks weakening the true spirit of the law. Historically, public institutions were created to protect the citizen, ensuring that state power remained balanced, equitable, and accountable. Today, however, there is a worrying shift where authorities act as if legal clearance alone absolves them from demonstrating fairness in practice. The outdated philosophy that might makes right often resurfaces in subtle administrative ways, where the state uses its power to impose complex burdens on ordinary people. When procedures are validated by courts, officials frequently view the verdict as a final endorsement, ignoring the real-world friction and potential disenfranchisement experienced by voters on the ground. A truly fair system must constantly evaluate whether its actions serve the public interest or merely satisfy procedural checklists, ensuring that administrative convenience never takes precedence over civic empowerment.

Restoring integrity to democratic processes requires institutions to look beyond simple compliance and actively embrace their core constitutional principles. True fairness demands that public authorities remain open to self-correction and deeply attentive to the practical consequences of their decisions on vulnerable populations. When millions of citizens face potential exclusion or complex administrative hurdles, state bodies must ensure that their methods are transparent, reasonable, and designed to encourage participation rather than restrict it. Legality should always serve as the absolute minimum threshold for public action, not the ultimate standard of justice. By prioritizing the broader spirit of fairness over rigid compliance, constitutional bodies can rebuild public confidence, safeguard the integrity of voter rolls, and ensure that fundamental rights remain meaningful and accessible for every citizen, regardless of the administrative complexity involved in managing a nation’s democratic machinery.

~ Zogam Today | Editorial | 22.09.2026

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MANIPUR VIOLENCE



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