Government’s Recent Election Commission Appointments Under Scrutiny
No ruling party has ever hesitated to choose individuals who are favorable to the Election Commission. However, questions concerning the Commission’s integrity begin to arise when these parties shift to the opposition.
Profiles of Newly Appointed Election Commissioners
Concerns over the Election Commission’s selection procedure have been brought up once more by the selection of a retired Indian Administrative Service (IAS) official as the new Election Commissioner. The government recently named Gyanesh Kumar, a retired IAS officer, the new Chief Election Commissioner on February 14, 2024. He was a Kerala cadre IAS officer from the 1988 batch. Sukhbir Singh Sandhu, a veteran IAS officer, was also named an Election Commissioner alongside him. On behalf of both, Chief Election Commissioner Rajiv Kumar administered the oath of office.
The Election Commission had vacant positions, thereby these appointments were made. Election Commissioner Arun Goel left his position on November 20, 2023, and Anup Chandra Pandey retired on February 14, 2024. The Election Commission now has three members again after these two new Election Commissioners were appointed.
Supreme Court’s 2023 Ruling on Election Commission Appointments
However, questions are being raised about the appointment process. According to the new system, a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a judge from the Supreme Court was supposed to decide on the appointments. This system was introduced following a Supreme Court decision on March 2, 2023. The court ruled that appointments to the Election Commission should be made by this committee until Parliament enacts a law in this regard.
However, the government passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Service Conditions, and Term of Office) Act, 2023, in Parliament on December 21, 2023. This Act substituted a Cabinet Minister chosen by the Prime Minister for the need for a Supreme Court judge. On the advice of the committee’s recommendations, the President selects the Chief Election Commissioner and Election Commissioners.
The government’s measure weakened the Supreme Court’s decision, which sought to ensure the Election Commission’s independence and impartiality. Concerns about this have been voiced by the opposition. These worries have been heightened by the recent appointments since both of the newly appointed Election Commissioners are thought to be close to the current government.
Under the present government, Gyanesh Kumar held key positions in the Ministries of Cooperation and Home Affairs. In Jammu and Kashmir, he was instrumental in getting Article 370 into effect. Major positions that Sukhbir Singh Sandhu held included Chairman of the National Highways Authority of India (NHAI) and Chief Secretary of Uttarakhand.
Opposition Criticism Over Election Commission’s Impartiality
Opponents argue that the independence of the Election Commission may be undermined if people who are seen as close to the government are appointed. The timing of these appointments has also drawn criticism, particularly in light of important elections like the Bihar Assembly elections that are planned for later this year. To ensure free and fair elections, the Election Commission’s impartiality is essential.
Past Controversies Surrounding Election Commission Appointments
These kinds of concerns are not new. The appointment of veteran officials as Election Commissioners, such as Sunil Arora and Navin Chawla, prompted similar criticism. Navin Chawla was charged with bias against the Congress party in 2009. Similarly, Sunil Arora, who was connected to the ruling Bharatiya Janata Party (BJP), was appointed Chief Election Commissioner in 2018.
The main issue is that successive governments have used the Election Commission for their political advantage. When in power, they prefer appointing individuals who are favorable to them. However, when these parties move to the opposition, they start raising concerns about the Commission’s impartiality.
The Election Commission is a constitutional body responsible for conducting free and fair elections in the country. The integrity of it is essential to preserving the public’s faith in the election process. The democratic process may be compromised if its impartiality is questioned.
Experts Call for Transparent Appointment Process
In line with experts, the appointment procedure has to be made more autonomous and transparent. To guarantee that the Election Commission is not influenced by politics, the government must think about including the judiciary and other unbiased bodies in the selection procedure.
The Supreme Court’s intervention in 2023 was a step in this direction. However, the government’s new law has reversed this progress. The call for an independent and transparent appointment process is likely to continue.
The newly appointed Election Commissioners’ terms will extend beyond the Lok Sabha elections in 2029. As a result, the decisions they make will have an impact on both the next elections and subsequent electoral procedures. In other words, upholding India’s democracy depends on the Election Commission’s independence and fairness.