"Dissent within a multi-member constitutional body strengthens rather than weakens its credibility." Discuss with reference to the Election Commission of India.
New · District CollectorCan you hold the district for 72 hours?Floods, a heatwave, an outbreak, a grievance queue. Take the decisions, see the consequences.Play →The Supreme Court upheld the multi-member Election Commission of India (ECI) in T.N. Seshan v. Union of India (1995). It held that Election Commissioners (ECs) are at par with the CEC and have an equal say in decisions [1]. ECs Sukhbir Singh Sandhu and Vivek Joshi have now written formal dissent notes on the Special Intensive Revision (SIR) of electoral rolls [2]. This tests the claim in the question. On balance, dissent strengthens the ECI's credibility, provided it is expressed through the Commission's own processes.
How dissent strengthens credibility
- Built-in check: A body that decides by majority expects its members to disagree at times. Three members who always agree give no more protection than one [1].
- Answers fears of capture: Both dissenters were appointed under the 2023 Act. Critics say that law gives the executive a 2:1 majority on the selection panel [1][2]. Their dissent shows that the people chosen do not automatically side with the government.
- Corrects errors: In the Delhi SIR, a notice went to EC Sandhu himself [2]. Flawed flagging of this kind would hurt migrants and the poor far more.
- Targets system design: The ECs flagged anomalies across the country over about 10 months [2]. The existing safeguards act only after a name is flagged: a hearing, a written order and an appeal to the DM and CEO [3]. They cannot fix a flawed flagging process.
How dissent can weaken credibility
- Public rift: When the election referee is visibly split, losing parties get a ready excuse to reject results [2].
- Wrong channel: One note went to the Cabinet Secretary [2]. This draws the executive into the ECI's internal working, against Ambedkar's warning to keep elections out of the government's hands [1].
- Unequal protection: Under Article 324(5), an EC can be removed on the CEC's recommendation, while the CEC can be removed only like a Supreme Court judge [1]. This can discourage dissent or make it personal.
Way forward
- Record minority views in the Commission's orders and publish them.
- Amend Article 324(5) to give ECs equal removal protection. Anoop Baranwal (2023) left this to Parliament [1].
- Create an independent secretariat for the ECI, as the Goswami Committee (1990) recommended [1].
Dissent that is voiced inside the Commission and put on record makes the ECI a body that deliberates rather than one that merely speaks with a single voice. Equal tenure protection, an independent secretariat and published minority opinions would turn the present rift into lasting public trust. That would uphold the free and fair elections Article 324 is meant to secure.
Sources
- 1PRS Legislative Research, Legislative Brief: The CEC and Other Election Commissioners Bill, 2023: *Seshan* on ECs at par with the CEC; Article 324(5) removal gap; *Anoop Baranwal*; composition of the selection panel; Goswami Committee; Ambedkar's caution
- 2*The Hindu*, "Dissent in the Commission", 27 Sep 2026 (news analysis): Sandhu and Joshi's dissent notes; SIR anomalies over 10 months; notice to Sandhu; note to the Cabinet Secretary; reports of a rift
- 3PIB (ECI), Draft Electoral Roll Issued in Bihar Today, 1 Aug 2025: no deletion without a hearing and a written order, appealable to the DM and CEO