"The independence of the Election Commission rests as much on public trust as on constitutional safeguards." Examine in the light of recent controversies over revision of electoral rolls.
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Article 324 gives the Election Commission of India (ECI) the superintendence, direction and control of elections [1]. Legal protection alone does not make a referee credible, though. The 2026 agitation over the Special Intensive Revision (SIR) of electoral rolls shows that people must also be able to see the Commission's independence [2].
Constitutional and statutory safeguards
- Security of tenure: the CEC can be removed only in the way a Supreme Court judge is, by a special majority in both Houses in the same session [3].
- Statutory backing: the CEC and Other ECs Act, 2023 fixes tenure and service conditions [4].
- Judicial remedy: the Opposition has petitioned the Supreme Court to halt the SIR [2].
Where trust is eroding
- Government-controlled appointments: the 2023 Act's selection panel is the PM, a Cabinet Minister the PM nominates, and the LoP. This gives the government a 2–1 majority [4]. The Minister replaced the CJI, whom Anoop Baranwal v. Union of India (2023) had placed on the panel [3].
- Unequal removal protection: an Election Commissioner can be removed on the CEC's recommendation, which discourages dissent. The Court left equal protection for Parliament to decide [3].
- SIR controversy: an intensive revision can remove ineligible names, but it can also wrongly exclude eligible voters. When the government picks the referee, even a lawful exercise looks partisan. This led to demands to suspend the SIR and remove the CEC, to street protests, and to a police crackdown [2].
Why trust matters as much
- Removing the CEC needs two-thirds majorities the Opposition does not have [3]. Distrust therefore moves to the streets and weakens acceptance of election results.
- On the other hand, removal campaigns over administrative decisions weaken the tenure protection that is meant to let the CEC act without fear.
Way forward
- Put a neutral member back on the selection panel, as the Dinesh Goswami Committee (1990) and the Law Commission (2015) recommended [3].
- Amend Article 324(5) so that ECs get the same removal protection as the CEC [3].
- Make roll revisions transparent: published deletion lists, prior notice, and easy re-inclusion.
Constitutional safeguards protect the ECI's office, while public trust protects its decisions. Neutral appointments and inclusive roll revisions would strengthen both. This would keep free and fair elections, part of the Constitution's basic structure, beyond doubt.
Sources
- 1Constitution of India, Article 324 – Legislative Department, Ministry of Law and Justicethe ECI's superintendence, direction and control of elections
- 2The Hindu, "Resistance will go on, says Rahul after meeting allies" (14 Oct 2026, p. 3)SIR agitation, Supreme Court petition, demands to remove the CEC, police crackdown
- 3PRS Legislative Research – Legislative Brief: The CEC and Other Election Commissioners Bill, 2023CEC removal like an SC judge, EC removal on the CEC's recommendation, *Anoop Baranwal* interim panel, Goswami Committee and Law Commission recommendations
- 4India Code – The CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (Act 49 of 2023)selection committee composition and service conditions