"The independence of the Election Commission depends as much on its internal collegiality as on its insulation from the executive." Discuss in light of recent developments.

Article 324 vests "superintendence, direction and control" of elections in the ECI [2]. In T.N. Seshan (1995), the Supreme Court upheld the ECI as a multi-member body that decides by majority [3]. Its independence therefore rests on two pillars: insulation from the executive and internal collegiality. Recent events show that each pillar depends on the other.

Insulation from the executive

• Appointment design: Under the 2023 Act, the Selection Committee is the PM, a Union Minister nominated by the PM, and the LoP [4]. This gives the government a 2:1 edge. It replaced the Anoop Baranwal (2023) interim panel, which included the CJI [5].
• Legal uncertainty: A split verdict (September 2026) on whether to refer the challenge to a larger Bench leaves the Act in doubt [5].
• Executive restraint: Two ECs wrote to the Cabinet Secretary. The Secretariat declined to act. It noted that acting could be read as "interference", and that only communication from the Commission "as a whole" is official [1].

Internal collegiality

• Recent friction: In July 2026, ECs S.S. Sandhu and Vivek Joshi complained that orders allocating work to senior officers were issued without discussion in the Commission [1].
• Majority rule that means little: The Act provides for majority voting [4]. But it does not list which matters must go to the full Commission.
• Unequal job security: The CEC can be removed only like an SC judge. An EC can be removed on the CEC's recommendation [2]. This discourages open dissent.
• Precedent: In 2019, an EC's dissent on Model Code clean chits was kept out of the final orders. It became known only through a public rift.

Why the two pillars are linked

No internal forum → ECs approach executive → ECI–government line blurs
Executive-dominated selection → like-minded members → internal check weakens

Fig: Collegiality and insulation reinforce each other

An ECI shielded from the government but unable to settle its own disputes remains vulnerable. The way forward has three parts:

• Rules of business that list matters needing full-Commission approval.
• Recorded dissent, disclosed within a fixed time.
• Equal removal protection for all Commissioners, as the Law Commission's 255th Report recommended [6].

A collegial and insulated ECI is the surest guarantee of free and fair elections, a basic feature of the Constitution.