“An election is coming. Universal peace is declared, and the foxes have sincere interest in prolonging the lives of the poultry.” — George Eliot

In a country like ours, with a population of over a billion people who come from endlessly different walks of life, holding an election does not sound easy, does it? Well, that is probably because it is not. Thankfully, amidst peril and division, our Constitution makers knew this too.

Independent elections were among the first steps taken by our country to establish itself. Hence, the Election Commission was established in accordance with the Constitution on 25th January, 1950.

Free and Fair

Our Constitution does not particularly lay out a process for the appointment of the Chief Election Commissioner of India and other Election Commissioners but Article 324 does state that the Election Commission must consist of the CEC and a number of ECs, if any, as the President may fix from time to time.

Until 2023, no parliamentary provisions had been made; therefore, the President of India appointed the Chief Election Commissioner, but this was done on the advice of the Union Council of Ministers.

This composition led to Supreme Court judgements between 2015 and 2022 questioning the government's power in appointing the Chief Election Commissioner.

Free and Fair?

All of this changed in 2023. On March 2, 2023 the Anoop Baranwal v. The Union of India judgement ruled that a panel with the Prime Minister, Leader of Opposition, and the Chief Justice of India should select the CEC. This judgement resulted in reduced executive control and gave the Election Commission of India substantially more independence.

But before this ruling could be implemented, Parliament passed the Chief Election Commissioner and Other Election Commissioners Act, 2023.

This act replaced the Chief Justice of India as a member of the selection committee with the Union Cabinet Minister nominated by the Prime Minister. The ruling party, once again, dominates the selection panel. And once again, the neutrality of the Election Commission is rightfully questioned.

Until before the act, the salary of the CEC and ECs was equivalent to the salary of a Supreme Court judge. According to the new act, their salary is now equivalent to the salary of the Cabinet Secretary, which is decided by the government, providing the basis for higher influence over the so called independent Election Commission.

When the power of selection and money rests in the hands of the ruling party, who is to say that freedom to choose still rests in ours?

The people have a right to decide their government. The government does not decide for the people.