Election Commission Independence Under Scrutiny: Constitutional and Governance Challenges

The Hindu - News · 25 Feb 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The independence of India's Election Commission faces scrutiny due to allegations of voter list manipulation and controversial appointment procedures under the 2023 Act, raising constitutional concerns under Articles 324 and 326.

Key points

Special Intensive Revision (SIR) in Bihar allegedly deleted 65 lakh voters, disproportionately affecting minorities, challenging the constitutional right to vote under Article 326.

Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Office and Terms of Office) Act, 2023 replaced the 1991 Act, altering the appointment process to exclude the Chief Justice of India, contrary to the Supreme Court's directive in Anoop Baranwal vs Union of India (2023).

Article 324 establishes the Election Commission's constitutional mandate for superintendence, direction, and control of elections, ensuring its independence through stringent removal procedures akin to Supreme Court judges under Article 124(4).

The 2023 Act's removal of the CJI from the selection committee has been challenged in Jaya Thakur vs Union of India (2024), with hearings scheduled for March 2026, highlighting ongoing judicial scrutiny.

Vineet Narain vs Union of India (1997) clarified that the CEC cannot suo motu advise the President on removing other Election Commissioners, balancing executive power and EC independence.

[GS2-Governance] The EC's multi-member structure, validated in T.N. Seshan vs Union of India (1995), ensures consensus-based decision-making, critical for maintaining electoral integrity.

Representation of the People Act, 1950 and 1951 governs electoral procedures, while the 2023 Act's Section 11 outlines removal processes for EC members, intertwining constitutional and statutory safeguards.

The Judges (Inquiry) Act, 1968, mandates a rigorous parliamentary procedure for removing the CEC, requiring 100 Lok Sabha or 50 Rajya Sabha members to initiate, ensuring protection from arbitrary executive action.

Way Forward: Strengthen the EC's independence by reinstating the CJI in the selection committee, ensuring transparent voter list revisions, and enhancing judicial oversight to prevent procedural improprieties in electoral processes.

Key terms

Special Intensive Revision (SIR)

SIR is a process for updating electoral rolls, often conducted before elections. Controversies arise when rushed revisions lead to mass deletions, disproportionately affecting marginalized groups, thereby violating Article 326 and raising concerns about electoral fairness and minority rights.

Anoop Baranwal vs Union of India (2023)

This Supreme Court judgment mandated the inclusion of the CJI in the committee for appointing Election Commissioners to ensure impartiality. The 2023 Act's exclusion of the CJI contravenes this ruling, sparking debates on EC's independence and executive overreach.

Article 324

Article 324 of the Indian Constitution establishes the Election Commission, vesting it with powers of superintendence, direction, and control over elections to Parliament, State Legislatures, and offices of President and Vice-President. Its independence is safeguarded by stringent removal procedures akin to Supreme Court judges, ensuring free and fair elections as part of the Basic Structure doctrine.

Article 326

Article 326 guarantees universal adult suffrage, ensuring every citizen above 18 years has the right to vote. It forms the bedrock of India's democratic framework, with any infringement, such as arbitrary voter deletions, undermining constitutional democracy and electoral integrity.