Context: New law enacted by Parliament in 2023 regarding the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs).

• The new law establishes a three-member selection committee for appointing the CEC and ECs. 
• The committee consists of the Prime Minister, the Leader of Opposition (LoP), and a cabinet minister nominated by the Prime Minister. 
• The committee's decision is final, and the President is bound to appoint the CEC and ECs based on their recommendations.

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Why is the Independence of the Election Commission Important?

Here are the reasons as to why the Election Commission has to function independently:

• The Election Commission (EC) must be free from government interference to ensure that fair and impartial elections are held in the country and to maintain electoral integrity.
• The EC should be independent, as political pressure can be seen to exist to favor ruling parties and alter election results, thereby weakening democracy.
• Citizens should have faith that their votes neither end up manipulated nor rigged. This can only happen if an EC independent of any government commits it to the country's democratic legitimacy.
• The EC governs the election law's enforcement and levels the playing field among political parties.
• A truly independent EC can enforce rules against illegal campaign practices, voter suppression, and electoral corruption without fear.

If the EC becomes a tool of the government, elections will lose their credibility, affecting India's status as the world’s largest democracy.

Read the article on the Methods of Election!

Concerns Over the New Law on CEC & ECs Appointment

Some of the major concerns over the new law on the appointment of the CEC and ECs include:

• Government's Majority in the Selection Process
  • Built-in Bias: The selection committee includes:
    • The Prime Minister
    • The Leader of the Opposition (LoP)
    • A Cabinet Minister who is nominated by the PM.

Since two out of three members are from the government, the ruling party controls the selection process, making independent appointments unlikely.

• Lack of an Independent Member: Earlier, the Supreme Court had mandated a neutral selection panel that included the Chief Justice of India (CJI). The new law removes the CJI, taking away judicial oversight.
• Risk of politicized appointments: The government now appoints loyalists to the EC from the following risks:
  • Favoritism in holding elections;
  • Few actions against electoral malpractices; and
  • Biased decisions in handling election disputes.
• Predictable Outcomes: There is nobody for the government. Lack of transparency makes the selection process for appointing impartial officials impossible.
• Threat to Constitutional Democracy: Free and fair elections are part of the “Basic Structure” of the Constitution. Weakening the EC’s independence could violate this fundamental principle.

The new law tilts the balance in favor of the ruling party, compromising electoral integrity.

Read the article on the Election Rules: Amendments & Criticisms!

Consequences of a Politicized Election Commission

A politicized election commission poses the following threats:

• Biased Election Processes
  • The ruling party can decide when to hold elections according to their political needs.
  • Selective measures against opposition parties and their leaders for imbalance regarding campaign violations.
• Reduced Public Confidence in Elections: Elections are rigged in the eyes of the public so that they will go for the mass boycott of elections. It is a harm to democracy.
• Weakened Opposition & Electoral Fairness: A government-influenced EC could favor ruling parties, making elections unfair for opposition parties.
• Threat to Federalism: The EC also conducts state elections. A biased EC could undermine state governments not aligned with the ruling party at the Centre.

An independent Election Commission is essential for democracy. Without it, elections may become mere formalities, reducing India to an electoral autocracy.

Read the article on the Indian Government and Politics!

Final Thought

Democracy is only as strong as its institutions. A free and fair election process is a non-negotiable pillar of democracy. India must ensure that the Election Commission remains independent and insulated from political control.

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