Ensuring Transparency is Crucial for Maintaining the Independence of the Election Commission

The selection process for India's Chief Election Commissioner has been under scrutiny, with concerns about transparency and fairness arising from recent changes in the appointment procedure.

The President of India, Shri Ram Nath Kovind, has appointed Gyanesh Kumar as the new Chief Election Commissioner of India. This appointment puts into effect the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

However, the Supreme Court has expressed concerns about the selection process, which it found flawed in a previous ruling. In 2023, the Supreme Court established a panel comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India to recommend names for the appointment. This panel has now been replaced by a three-member selection panel, with the Prime Minister and a minister of his choice.

The Supreme Court has cautioned that a "pliable election commission, an unfair and biased overseer of the foundational exercise of adult franchise, which lies at the heart of democracy, who obliges the powers that be, perhaps offers the surest gateway to acquisition and retention of power."

The Supreme Court is currently considering petitions challenging the validity of the 2023 law that supersedes its recommendations. The Court is also expected to soon hear the case and decide on the validity of the new selection process once and for all.

The Constitution mandates the Election Commission of India to conduct elections to the legislatures in a free and fair manner. In 1991, the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act was passed, making the Election Commission a multi-member panel. The three-member committee responsible for selecting the next election commissioners in India is generally composed of the Chief Election Commissioner and two other members appointed according to the Election Commission of India’s regulations.

Notably, the President of India, Narendra Modi, cannot be part of this committee or confirmed by it as he is the head of state, not a commissioner candidate.

The Leader of the Opposition has expressed concern that the selection process could have been delayed. The question remains whether the executive should have sole responsibility for selecting the person who oversees the election process.

The Supreme Court's decision on the matter will be closely watched, as it could have significant implications for the integrity and fairness of India's electoral process.

Ensuring Transparency is Crucial for Maintaining the Independence of the Election Commission