Independence of the Election Commission -

Free and fair elections form part of the Basic Structure doctrine (Indira Gandhi v. Raj Narain, 1975). However, recent controversies question the fairness of electoral roll revisions and voter deletions.
Allegations of ‘vote theft’ emerged during the Special Intensive Revision (SIR) exercise and approximately 65 lakh voter names were reportedly deleted during the Bihar SIR exercise.
Adult franchise under Article 326 is the bedrock of Indian democracy. Any procedural impropriety in voter rolls undermines the sanctity of democratic participation.

Constitutional Framework Ensuring EC Independence

Role: Article 324 establishes a permanent Election Commission with supervisory powers. The EC controls elections to the President, Vice-President, Parliament and State Legislatures.
Tenure: The CEC holds office for six years or until 65 years, whichever is earlier.
Removal: Under Article 324(5), the CEC can be removed like a Supreme Court judge. Further, the removal requires proof of misbehaviour or incapacity under Article 124(4).
- Other Election Commissioners are removed by the President on advice of the CEC.
Conditions of service cannot be altered to the CEC’s disadvantage during tenure.
The EC became a permanent multi-member body in 1993, upheld in T.N. Seshan Case (1995).
The CEC acts as Chairman, ensuring collective and consensus-based decision-making.

Controversy over Appointment Process

The Chief Election Commissioner and ECs Act, 2023 replaced the 1991 law. The appointment is now made by a committee comprising the Prime Minister, Union Minister and Leader of Opposition.
The Act excluded the Chief Justice of India, contrary to Anoop Baranwal case (2023). The Supreme Court had earlier recommended inclusion of the CJI in selection committee.
The Act is challenged in Jaya Thakur v. Union of India (2024). The critics argue exclusion of the judiciary may affect perceived institutional neutrality.

Procedure for Removal: Safeguard Against Arbitrary Action

Removal of the CEC requires a quasi-judicial parliamentary process.
A motion requires signatures of 100 Lok Sabha or 50 Rajya Sabha members.
The Speaker or Chairman may admit or reject the removal motion.
A three-member committee investigates allegations of misbehaviour or incapacity.
The committee includes a Supreme Court judge, High Court Chief Justice and distinguished jurist.
The CEC is guaranteed opportunity for defence under Doctrine of Natural Justice.
In cases of incapacity, medical examination is conducted by an authorised medical board.

Broader Democratic Significance

The EC safeguards the right to vote under Article 326.
Electoral credibility determines legitimacy of representative government.
Independence of the EC strengthens the balance of power within constitutional design.
Dilution of safeguards could destabilise democratic accountability mechanisms.
Indian democracy thrives on blending constitutional command with liberal freedoms.
Other Election Commissioners are removed by the President on advice of the CEC.

Conclusion

The independence of the Election Commission is central to ensuring free and fair elections in India. While constitutional safeguards are robust, preserving institutional credibility and public trust is equally essential. Democracy ultimately survives on the integrity of its electoral institutions.

Independence of the Election Commission