An institution 'armed with vast powers and accountable to none' needs internal checks. 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 Election Commission of India (ECI) has plenary powers over elections under Article 324. The Supreme Court called it a body "armed with vast powers and accountable to none". It held that such discretion should be shared among several members and not held by one person [1]. That makes collegiality the ECI's main internal check.
Why internal checks are needed
- Wide discretion: The ECI fixes poll schedules, enforces the Model Code of Conduct and transfers officers. The Court warned against "vast discretionary powers, with virtually no checks and balances" resting with a single individual [1].
- Risk of personalisation: In S.S. Dhanoa v. Union of India (1991), the Court warned that a dominant CEC could make the other Commissioners "non-functional or ornamental" [1].
- Legitimacy: The ECI is the referee of elections. Voters are more likely to trust results when its own decisions are seen to be balanced.
Existing checks
- Multi-member ECI: A Constitution Bench in the T.N. Seshan case upheld the multi-member structure and approved Dhanoa's reasoning [1].
- Statutory backing: The spirit of these rulings is reflected in Section 18 of the CEC and Other ECs Act, 2023 [1].
- The counter-argument: The Court accepted that a "single and wise individual" may resist pressure. It still chose to share power, because no system can guarantee a wise individual [1]. Delays caused by internal disagreement can be handled with clear voting rules.
Gaps that weaken the checks
- Unequal removal protection: The CEC can be removed only like a Supreme Court judge. The other ECs can be removed on the CEC's recommendation, which discourages dissent [2].
- Government-dominated selection: The Selection Committee is the PM, a Cabinet Minister and the Leader of Opposition. This gives the government a 2:1 majority. The Anoop Baranwal (2023) ruling had put the CJI on the committee [2].
- Pay set by the government: Pay is now linked to the Cabinet Secretary's, which the government decides. Earlier it was linked to a Supreme Court judge's pay [2].
- Recent strain: In 2026, CEC Gyanesh Kumar has been accused of acting alone without the other members [1].
Way forward
- Amend Article 324 to give ECs the same removal protection as the CEC. The Supreme Court left this to Parliament [2].
- Add a neutral member to the Selection Committee, as the Goswami Committee (1990) and Law Commission (2015) recommended [2].
- Put decision rules in law: majority voting, recorded dissent and time limits.
Collegiality protects the ECI only if each Commissioner is free to disagree. Secure tenure, neutral appointments and clear decision rules would make Dhanoa's warning a real safeguard. They would also strengthen the ECI as the guardian of free and fair elections, part of the Constitution's basic structure.
Sources
- 1Krishnadas Rajagopal, "SC had warned against leaving EC's powers in the hands of one person", *The Hindu*, 27 Sep 2026, Chennai edition, p. 11Dhanoa (1991) and Seshan reasoning; "accountable to none"; Section 18; 2026 allegations against the CEC
- 2PRS Legislative Brief: The Chief Election Commissioner and Other Election Commissioners Bill, 2023Selection Committee make-up; Anoop Baranwal; unequal removal protection; pay link; Goswami Committee and Law Commission recommendations
Practice
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