Collegial functioning within the Election Commission is essential to its credibility. Comment in the light of recent developments.
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Article 324 made the Election Commission of India (ECI) a multi-member body. It works because members decide together and speak with one voice. The Supreme Court held that Election Commissioners are functional equals of the Chief Election Commissioner (CEC) and must have a say in decisions [2]. Recent strains inside the Commission show that its credibility rests on this collegial working as much as on its legal powers.
Why collegiality underpins credibility
- Checks within the Commission: the Court upheld the rule that business is decided unanimously where possible and by majority otherwise. This stops any one member, including the CEC, from dominating decisions [2].
- Legitimacy of outcomes: parties, candidates and voters accept verdicts more readily from a Commission seen as united and deliberative.
- Insulation from the executive: in Anoop Baranwal (2023), the Court stressed that the ECI must be independent of executive control [3]. A divided Commission is easier to pressure from outside.
Recent developments that test it
- Reported rift: Election Commissioners reportedly disagreed over the Special Intensive Revision (SIR) of electoral rolls and the ECI's internal working [1].
- Unity asserted, not explained: the corrective SIR measures of 26 Sept 2026 came after a full-bench meeting. They were announced with the "approval of the full commission", but no reasons were given and no record of the disagreement was published [1].
- Unequal footing: under the 2023 Act, ECs can be removed only on the CEC's recommendation, while the CEC has judge-like protection. PRS notes that this lack of parity can weaken the ECs' independence [4].
- Appointment design: the 2023 Act's selection committee gives the government a majority, which feeds perceptions of partisanship [4].
Collegiality is not uniformity
- Honest disagreement improves decisions. The risk comes from dissent that is hidden, or unity that is imposed.
Way forward
- Record dissenting opinions and the reasons for major decisions.
- Give ECs the same removal protection as the CEC [4].
- Write rules on how Commission business is transacted and shared out among members.
Collegiality turns the ECI's powers under Article 324 into trusted authority. Open disagreement, equal status for all members and transparent decisions would restore the confidence that free and fair elections need. They would also serve the democratic vision behind SDG 16 of effective, accountable institutions.
Sources
- 1EC switches to damage control mode after facing flak over SIR — The Hindu, 27 Sept 2026 (news report)reported rift among Commissioners; full-bench meeting; "approval of the full commission" for SIR measures
- 2T.N. Seshan, CEC v. Union of India (Supreme Court, 14 July 1995)ECs are functional equals of the CEC; decisions unanimous where possible, otherwise by majority
- 3Anoop Baranwal v. Union of India, 2023 INSC 190 (Supreme Court)ECI must be independent of executive control in appointments
- 4PRS Legislative Brief: The CEC and Other Election Commissioners Bill, 2023ECs removable only on CEC's recommendation; lack of parity in removal; government-majority selection committee