Jagdeep S. Chhokar: A voice for the Indian voter

Prof. Jagdeep S. Chhokar’s life and work have been at the very heart of electoral reforms in India. His lifelong commitment was rooted in one simple but profound principle — the rights of the voter, the elector are the cornerstone of democracy. For decades, his tireless efforts not only strengthened the voice of the Indian voter but also gave shape and direction to some of the most significant electoral reforms our country has witnessed.

As one of the founders of the Association for Democratic Reforms (ADR), Prof. Chhokar filed numerous petitions before the Hon’ble Supreme Court of India, always ensuring that voter remains the centre of all democratic discourse. Though his contributions are far too many to count, yet a few stand tall as milestones in India’s democratic journey: the disclosure of criminal records, financial details, and educational qualifications of contesting candidates, exposing the violations of the Foreign Contribution Regulation Act (FCRA) by political parties in 2015; striking down of the electoral bond scheme and subsequent disclosure of political donations by corporates, the landmark constitution bench judgment in 2023 mandating that the appointment of the Chief Election Commissioner be made by a committee consisting of the Prime Minister, the Leader of Opposition, and the Chief Justice of India in order to shield it from excessive control of the executive; and the disqualification of convicted MPs and MLAs from legislative offices. Each of these petitions filed by ADR were not for personal gain, but to empower citizens to make informed choices and protect the sanctity of our democracy. Little known is that he was also among the active members of Centre for Public Interest Litigation and Citizens Whistle Blowers Forum, which have also been working tirelessly towards a more accountable government.

While some may have tried to colour his work with the brush of ideology, the truth is that Prof. Chhokar was guided only by his unshakable belief in democracy, and his unwavering faith in the power of citizens.

As a young lawyer handling ADR cases under Mr. Prashant Bhushan, — to me Prof. Chhokar had become more than ADR, or a client as it were. He had become like a guiding light, a friend (despite the huge age difference) and in many ways, a brainstorming partner. Having worked alongside him for over a decade, I witnessed first-hand his clarity of thought, humility, and devotion to the values enshrined in the Constitution.

In one particular instance when certain strong strictures were passed against ADR in the EVM-VVPAT judgment of 2024, questioning its bona fides and integrity, I asked he wanted to file an application seeking expungement, since those remarks were clearly unfounded and misplaced. Not one to mince his words, Prof. Chhokar replied and said that ADR doesn’t care about its image. “If a Supreme Court Judge has written something against ADR, it speaks for the Judge, not ADR. We will wear it as a badge of honour”, he told me. Such was the depth of his conviction, and that is why ADR never cared to respond to those allegations.

Through all of our conversations — whether about ongoing cases or future reforms required — I realized that for him, strategizing, winning or losing in Court mattered less and what appealed to him more was that at every step of the way, there should be transparency in the electoral system in the country. After the recent order in Bihar SIR case directing for inclusion of Aadhar as the 12th document, he sent a message which was to be the last one he would send to me — “Isnt it ridiculous how much has to be done by how many, to achieve so little!

And how much more still left to be done to make the slightest difference. I know we should all be happy but feel like saying “what a sad situation we, and the country are!” My apologies.” I must say his message is prescient as much as it is poetic, and worse — it is accurate. In the end he apologised, as if it were his apology to make. Such was the man.

Like to many others who were fond of him, his passing away is a deep personal loss. Yet, it is a far greater public loss, for we bid farewell to a hero of Indian democracy and as Ravish Kumar said in his show yesterday, he was truly the People’s Chief Election Commissioner. His journey may have ended, but his contributions have become part of the law of the land, ensuring that his work and vision will live on forever. He has inspired millions, including me, and his legacy will continue to guide us towards a more just, transparent, and citizen-centric democracy.

Neha Rathi is an Advocate-on-Record practising in the Hon’ble Supreme Court of India.