Electoral Integrity and Chief Election Commissioner Controversy in India
Free and fair elections are fundamental to a vibrant democracy, as upheld in the Basic Structure of the Constitution in the landmark Indira Gandhi versus Raj Narain (1975) case. However, concerns over electoral integrity have recently surfaced, urging the Opposition to call for the removal of the Chief Election Commissioner (CEC).
Controversies in the Electoral Process
- The issue of alleged 'vote theft' and manipulation of electoral rolls has emerged, particularly with the Special Intensive Revision (SIR) of voter lists.
- Allegations have been made regarding the deletion of approximately 65 lakh voters in Bihar, targeting minorities and Opposition supporters, leading to a Supreme Court challenge.
Appointment of Election Commissioners
The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Act, 2023 regulates appointments and removals, replacing the 1991 Act.
- The 2023 Act mandates appointments by the President based on a selection committee, including the Prime Minister, a Union Minister, and the Leader of Opposition.
- This act was contested on grounds of contravening the Supreme Court's decision in Anoop Baranwal versus Union of India, 2023, which recommended the inclusion of the Chief Justice of India in the committee.
- The matter is pending in the Supreme Court under Jaya Thakur versus Union of India, 2024, with the next hearing scheduled for March 2026.
Constitutional Provisions and Independence
Article 324 of the Constitution provides for a permanent Election Commission with powers over elections for the President, Vice-President, Parliament, and State legislatures.
- The CEC's removal follows a rigorous process akin to the removal of a Supreme Court judge, involving proved misbehaviour or incapacity.
- The CEC cannot vary service conditions to their disadvantage during tenure.
- Article 324 also allows making the commission multi-member, with the CEC presiding over meetings as chairman.
Removal Procedure for the CEC
- The process involves a quasi-judicial Parliamentary procedure under the Judges (Inquiry) Act, 1968.
- A committee is constituted with members including the Chief Justice of India or a Supreme Court Judge, a High Court Chief Justice, and a distinguished jurist.
- The CEC is given the opportunity for defense, ensuring adherence to the Doctrine of Natural Justice.
Political Implications and Safeguards
Despite the Opposition's intentions, it is unlikely to pass a motion against the CEC due to the ruling alliance's parliamentary majority. Allegations of bias have been rejected by the government.
- Constitutional bodies should maintain respect from citizens, political parties, and the government to avoid undermining public trust.
- Politicization of constitutional bodies is seen as detrimental to Indian democracy, emphasizing the need for balance between state authority and citizen liberty.
