Foreign Judgments Can’t be Mechanically Applied to Indian Law: ECI Tells Supreme Court

The Election Commission of India told the Supreme Court that foreign court judgments cannot be mechanically relied upon in Indian constitutional matters.

Rebutting petitioners’ reliance on US rulings in the Special Intensive Revision case, ECI argued that even the US has departed from due process, citing recent actions attributed to President Donald Trump. 

The ECI maintained that once it orders an SIR under Section 21(3) of the Representation of People Act, it has the authority to decide the procedure. 

The Supreme Court is examining whether such power is subject to judicial review.