Governing Democracy Outside the Law: India's Election Commission and the Challenge of Accountability

Abstract Comparative law and politics literature widely recognizes the role of election management bodies (EMBs) in securing well-being constitutional democracies. Scholars have noted political desirability both independence accountability these institutions. But striking balance between two values is easier said than done. This Article highlights dilemma by focusing on India's Election Commission (ECI) as a paradigmatic version powerful EMB. Indian long institution's widening powers – often beyond original intent or parliamentary legislation over last few decades. This, they argue, has impaired its institutional accountability. adopts fresh perspective ECI's expansive functions, attendant concerns raise. It argues that ECI regulates electoral process not through what we may ordinarily identify law. The most compelling consequential functions are extra-legal modalities regulation. Drawing from recent scholarship regulation, shapes environment behaviour non-legal architecture, nudge notice-based regulations. Much like other fields where deployed, exhibit unique, many ways, inherent limitations with respect to transparency. thus this character rather only their breadth poses significant challenge for democratic Based assessment, notes EMBs ECI, form on-going operational inherently limited ways. increases stakes institutions means, particularly constitution, composition tenure.