Safeguarding the independence of the Election Commission necessitates upholding transparency
The Supreme Court of India is once again delving into the question of the selection process for the Election Commission, following the implementation of a 2023 law that has raised concerns about the transparency and fairness of the process.
The law, which was passed last year, places the entire selection process for the Election Commission back in the hands of the executive. The three-member selection panel includes the Prime Minister and a minister of his choice. This setup, critics argue, could potentially allow the Prime Minister to influence the selection of the Chief Election Commissioner.
The controversy stems from the fact that the Constitution mandates the Election Commission of India to conduct elections to the legislatures in a free and fair manner. The question of whether the selection process should remain with the executive is being challenged in court.
The court's ruling in 2023 found the previous selection process flawed and established a panel comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India. However, the 2023 law, which followed the Supreme Court order, retained the three-member panel but replaced the CJI with a minister nominated by the Prime Minister.
The appointment of Gyanesh Kumar as the Chief Election Commissioner of India, made under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, is now being questioned. The Leader of the Opposition has expressed concern about the timing of the selection process.
The issue dates back to 1991 when 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 court is expected to make a final decision on the matter.
The Supreme Court is expected to hear petitions challenging the validity of the 2023 law. The apex court has cautioned against a "pliable election commission" that could potentially offer a "surest gateway to acquisition and retention of power".
The institutions involved in the 2023 law regulating the composition of India's Election Commission and enabling the appointment of the Chief Election Commissioner and other Election Commissioners by the President of India include the President of India, who officially appoints the commissioners, and the Election Commission of India as the constitutional body overseeing elections. The law sets the framework for these appointments and the commission's composition.
The current process, critics argue, effectively removes the transparency and fairness the Supreme Court intended to introduce in its 2023 ruling. The court's decision will have significant implications for the integrity of India's electoral process.
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