The swift appointment of two new members to the Election Commission of India (ECI) following the resignation of Election Commissioner Arun Goel has sparked warranted criticism. This move comes amidst ongoing discussions regarding the independence of the appointment process, particularly highlighted during a recent Constitution Bench hearing. Critics argue that the existing selection process may not align with the desired level of independence outlined in the March 2023 verdict.
Concerns are amplified by the timing of Mr. Goel’s resignation, citing “personal reasons,” just days before the Commission was due to finalize the schedule for the Lok Sabha elections. This abrupt departure raises questions about the circumstances surrounding his decision, especially considering his remaining term.
While the competence of the newly appointed members, Gyanesh Kumar and Sukhbir Singh Sandhu, remains unquestioned, the focus shifts to the legislative framework governing their selection. Parliament’s response to the Supreme Court’s concerns regarding the absence of a formal appointment process for ECs has drawn scrutiny. The Court emphasized the need for the ECI’s independence from the executive to ensure the integrity of elections.
However, the law enacted by Parliament, which includes the Prime Minister and a Union Minister in the selection committee alongside the Leader of the Opposition, raises doubts about true independence. The Court is now tasked with evaluating whether a committee with a two-to-one executive majority can uphold the principle of independence crucial for fair elections. Despite historical precedents of Prime Ministers’ involvement in selection processes, there’s a growing consensus that a framework rooted in constitutional principles is essential for maintaining the integrity of the electoral process.
In essence, the recent appointments to the Election Commission underscore the ongoing debate surrounding the need for a transparent and independent selection process. As legal scrutiny intensifies, the focus remains on upholding the foundational principles of democracy and ensuring the ECI’s autonomy in safeguarding free and fair elections.
