·The Hindu·15 marks·250–350 words

Collegiality in the Election Commission is essential to its independence. Discuss with reference to recent controversies.

In this answer
  1. Why collegiality underpins independence
  2. Recent controversies
  3. Structural roots of the deficit

The Election Commission of India is a multi-member body, and Section 10 of the CEC and Other Election Commissioners Act, 2023 requires its business to be transacted unanimously as far as possible, failing which by majority [1]. Recent reporting on the Special Intensive Revision (SIR) suggests this collegiality is weakening.

Why collegiality underpins independence

  • Internal check: with three members, a majority rule ensures no single functionary can commit the Commission [1]; deliberation substitutes for the judicial review that Article 324 powers largely escape.
  • Diffused pressure: external influence must capture three offices, not one — the very logic of moving from a single-member to a multi-member Commission.
  • Recorded reasoning: file notings and dissent create an audit trail, strengthening public trust in roll revision, which relies on ERO and BLO verification at every deletion [2].

Recent controversies

  • Media investigations report that two of the three Commissioners objected repeatedly during the SIR, and that several decisions were taken without their knowledge — allegations, not adjudicated findings.
  • Objections reportedly concerned changes to Form 6 without amending the Registration of Electors Rules, 1960, and software-generated flagging of lakhs of electors in West Bengal, bypassing the ERO's statutory role.
  • The Commission maintains that SIR follows a phased process with house-to-house enumeration, draft publication and a claims-and-objections window [2].

Structural roots of the deficit

  • The 2023 Act replaced the CJI on the selection committee — directed in Anoop Baranwal (2023) — with a Union Cabinet Minister, giving the executive a majority [3].
  • An Election Commissioner can be removed only on the CEC's recommendation, unlike the CEC [3]; salary is pegged to the Cabinet Secretary, fixed by government [3].
  • The ECI still lacks the independent secretariat urged by the Goswami Committee [3].

Collegiality is not etiquette but the statutory design of an impartial referee. Restoring a neutral voice on the selection committee, granting Commissioners parity of tenure protection, and creating an independent secretariat would convert internal deliberation from convention into guarantee — securing the free and fair elections that Articles 324 and 326 promise.

Sources

  1. 1The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023Section 10: business transacted unanimously as far as possible, otherwise by majority
  2. 2PIB: ECI's Special Intensive Revision of Electoral Rolls Being Conducted in Phases with Multiple Safeguards to Protect Eligible Votersphased SIR process, BLO house-to-house verification, grounds for deletion
  3. 3PRS Legislative Brief: The CEC and Other Election Commissioners Bill, 2023selection committee composition after *Anoop Baranwal*, removal asymmetry, salary pegged to Cabinet Secretary, independent secretariat recommendation

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