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Mentor’s Comment:

The credibility of elections is the lifeline of any democracy. Recent controversies around the appointment of Election Commissioners and the weakening of institutional safeguards have put India’s electoral integrity under the spotlight. This article unpacks the constitutional debates, judicial interventions, legislative countermeasures, and comparative global experiences to help aspirants understand the stakes involved in preserving the Election Commission of India (ECI) as an independent constitutional body.

Introduction

The Election Commission of India (ECI) ensures that elections are free, fair, and impartial. In 2023, the Supreme Court’s Anoop Baranwal case gave more independence to the ECI by including the Chief Justice of India (CJI) in the appointment process. But Parliament quickly passed a law removing the CJI and putting a Cabinet Minister in his place. The Court did not stop this change, and elections in 2024 were conducted under this new system. This has raised doubts about whether the ECI can act independently from the government.

Current debate over who controls ECI appointments

1. Nullification of Baranwal judgment: The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. replaced the CJI with a Cabinet Minister (nominated by the PM) in the selection panel, reversing judicial attempts to ensure independence.
2. Supreme Court’s refusal to stay the law: In Dr. Jaya Thakur v. Union of India (2024), the SC upheld the Act’s validity for the time being, allowing the government’s version to prevail in the 2024 Lok Sabha elections.
3. Failure of judicial vigilance: A potentially independent ECI could have overseen elections more impartially, but judicial reluctance meant the executive retained control.
4. Global parallels: Scholars like Landau and Dixon (2020) warn how courts sometimes legitimize authoritarian regimes by siding with executive dominance in electoral matters.

Anoop Baranwal v. Union of India (2023): The Supreme Court’s big step for ECI independence

1. Article 324 interpretation: The Court held that appointments to the ECI must be insulated from the executive’s exclusive control.
2. Role of CJI: Inclusion of the Chief Justice in the selection committee was seen as a safeguard against partisanship.
3. Warning against pliability: The judgment noted that a “pliable ECI” could become a tool for perpetuating power, undermining free and fair elections.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: Parliament’s counter to the Court

1. Executive dominance: By excluding the CJI and including a Cabinet Minister, the law tilted the balance back towards government control.
2. Presumption of validity: The SC’s refusal to strike down or stay the Act demonstrated a conservative approach, prioritizing legislative supremacy over constitutional safeguards.
3. Practical implications: The 2024 Lok Sabha and Assembly elections were conducted under an ECI shaped by this executive-heavy framework.

Global lessons on electoral manipulation

1. Authoritarian strategies: According to Landau & Dixon, regimes in Venezuela, Ecuador, Bolivia used courts and electoral commissions to legitimize manipulated outcomes.
2. Pre-election manipulation: Autocrats often consolidate institutions (courts, ECs) well before elections, creating a tilted playing field.
3. Positive global model: South Africa’s Chapter Nine institutions, including its Electoral Commission, provide a framework for independent, fourth-branch institutions to safeguard democracy.

Fourth pillar of democracy: Autonomous Institutions

1. Beyond traditional separation: Modern democracies recognize institutions beyond Legislature, Executive, and Judiciary such as independent ECs, CAGs, Information Commissions.
2. Imaginative interpretation: In the Baranwal case, the Court attempted to evolve the ECI into such a fourth branch institution, enhancing checks on executive power.
3. Legislative reversal: The 2023 Act effectively nullified this innovation, raising questions about India’s commitment to electoral impartiality.

The road ahead for electoral reforms: Restoring faith in Democracy

1. Reinstating CJI in the selection panel: This would revive the spirit of the Baranwal verdict.
2. Fresh appointments through a reformed process: Ensuring a genuinely independent ECI could require re-selection of commissioners.
3. Truth Commission role: A reformed ECI could investigate alleged instances of electoral fraud, restoring voter confidence.

Conclusion

The ECI is not just another administrative body, it is the custodian of the democratic process. The dilution of judicial safeguards in its appointment mechanism risks eroding the integrity of elections, thereby weakening the very foundation of democracy. Restoring the spirit of Baranwal by reinstating the CJI’s role in appointments and insulating the ECI from executive control remains the most urgent democratic reform.

Mapping Microthemes (GS relevance)

• GS-II (Polity & Governance): Electoral reforms, Independence of constitutional bodies, Separation of powers.
• GS-I: Role of institutions in shaping democratic practices.
• GS-III: Impact of political manipulation on governance outcomes.
• GS-IV (Ethics): Constitutional morality, impartiality, institutional integrity.

Practice Mains Question

“The independence of the Election Commission is the cornerstone of free and fair elections in India.” Discuss in the context of recent judicial and legislative developments. (250 words)

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