·The Hindu·15 marks·250–350 words

Reported internal dissent within the Election Commission has revived the debate on its independence and transparency. Suggest reforms.

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 →
In this answer
  1. Why the dissent revived the independence debate
  2. Why it revived the transparency debate
  3. Reforms

Article 324 gives a multi-member Election Commission (ECI) the "superintendence, direction and control" of electoral rolls and elections [3]. Two of the three Election Commissioners reportedly recorded dissent several times on the Special Intensive Revision (SIR), while the ECI insisted its decisions were unanimous [1][2]. This has reopened two questions: how independent is the umpire, and how openly does it decide?

Why the dissent revived the independence debate

  • Appointments tilted towards the executive: in Anoop Baranwal (2023), the Supreme Court set up a selection panel of the PM, the Leader of the Opposition and the CJI [5]. The 2023 Act replaced the CJI with a Union Cabinet Minister, giving the government a majority on the selection committee [4].
  • Unequal security of tenure: only the CEC has judge-like protection against removal. Other ECs can be removed on the CEC's recommendation [3][4], which leaves dissenting members exposed.
  • Loss of trust: the Opposition demanded the CEC's arrest [1], which shows how far the ECI's image as a neutral umpire has fallen.

Why it revived the transparency debate

  • Decisions that cannot be checked: the ECI calls differing views "a normal part of deliberation" [2]. But because the dissent notes have not been published, nobody outside can verify the claim of unanimity.
  • Disclosure only under court orders: the reasons for removing about 65 lakh Bihar voters were made public only after the Supreme Court directed it [6].
  • Counterpoint: dissent shows that the multi-member structure is working as an internal check. The real problem is that it is hidden, not that it exists.

Reforms

  • Neutral appointments: put a non-executive member (such as the CJI) back on the selection committee, as the Law Commission's 255th Report recommended [7].
  • Equal removal protection for all ECs through a constitutional amendment [7].
  • Recorded decisions: publish minutes and dissent notes, as appellate courts publish dissenting judgments.
  • Financial and staff autonomy: charge the ECI's spending to the Consolidated Fund and give it an independent secretariat [7].
  • Disclosure by default: publish every deletion from the rolls, with its reason, without waiting for litigation [6].

In a collegial constitutional body, dissent is a safeguard, not a crisis. Credibility suffers when appointments look executive-driven and deliberations stay hidden. Insulating appointments and tenure, and making disagreements part of the public record, would turn internal debate into institutional strength. It would also restore the trust that universal adult franchise depends on.

Sources

  1. 1Opposition demands CEC's arrest, poll body says 'unanimity' in decisions, Business Standard news report (23 Sep 2026): reported dissent by two ECs on the SIR; Opposition's demand for the CEC's arrest
  2. 2Unanimous decisions of full commission: ECI on 'dissent' report, All India Radio News (23 Sep 2026): ECI's claim of unanimity; differing views called normal deliberation
  3. 3The Constitution of India, Legislative Department: Art. 324 control of rolls; removal protection only for the CEC; ECs removable on CEC's recommendation
  4. 4PRS Legislative Brief: CEC and Other Election Commissioners Bill, 2023: government majority on the selection committee; asymmetry in removal of ECs
  5. 5Anoop Baranwal v. Union of India (2023), Supreme Court of India: PM–LoP–CJI selection committee for ECI appointments
  6. 6Bihar SIR Row: SC tells ECI to publish list of 6.5 mn deleted Bihar voters with reasons, Business Standard news report (14 Aug 2025): deletion list and reasons disclosed only after SC direction
  7. 7Law Commission of India submits its Report on Electoral Reforms (255th Report), PIB (2015): neutral collegium, equal removal protection for ECs, Consolidated Fund charging, independent secretariat

More from this note