·The Hindu·15 marks·250–350 wordsPolity

Transparency in the working of constitutional bodies enhances public trust. Discuss with reference to the ECI.

In this answer
  1. Why transparency is integral to the ECI's credibility
  2. The present deficit
  3. The balancing consideration

Article 324 vests the superintendence, direction and control of elections in the Election Commission of India, a multi-member body of the CEC and such Election Commissioners as the President fixes [2]. Since the ECI commands no coercive machinery of its own, its authority rests almost wholly on perceived neutrality — making visibility of how it decides, not merely what it decides, central to public trust.

Why transparency is integral to the ECI's credibility

  • Collegiality must be verifiable: the CEC and Other ECs Act, 2023 requires business to be transacted unanimously as far as possible, with the majority opinion prevailing on difference [1]. Unless it is disclosed which decisions were unanimous and which by majority, this safeguard against unilateralism cannot be tested.
  • Appointment-stage trust deficit: the statutory Selection Committee — PM, a Cabinet Minister and the Leader of Opposition — has a government majority, which PRS notes may undermine ECI independence, unlike the Supreme Court's 2023 direction in Anoop Baranwal that included the CJI [2]. Procedural openness afterwards partly offsets this.
  • Service conditions: pay pegged to the Cabinet Secretary, fixed by government, rather than to Supreme Court judges, strengthens the case for compensating disclosure [2].

The present deficit

  • Minutes, attendance and dissent notes of Commission sittings are not proactively published; former CECs have recently sought a public split of decisions into unanimous and majority.
  • Contested claims cannot be settled without such records, converting institutional questions into partisan controversy.

The balancing consideration

  • Deliberative confidentiality has value: candour among members and the finality of electoral orders would suffer if every internal note were aired mid-process. The distinction is between process transparency (composition, attendance, decision mode) and deliberative privacy.

Transparency and institutional authority are therefore complementary, not rival, goods. Proactive disclosure of decision records after the event, reasoned public orders, and a broader-based Selection Committee would let the ECI demonstrate the collegiality the law already demands — deepening the free and fair elections that Article 324 was designed to secure.

Sources

  1. 1The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (Act 49 of 2023), India Codedecision rule: business transacted unanimously as far as possible, majority opinion prevails on difference
  2. 2PRS Legislative Research, Legislative Brief: The CEC and Other Election Commissioners Bill, 2023Article 324 composition; Selection Committee's government majority and independence concern; departure from the Supreme Court's 2023 direction including the CJI; salary pegged to Cabinet Secretary
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