Strengthening the Independence and Accountability of the Election Commission of India
An aspirant should be able to argue for comprehensive reforms to strengthen the ECI's independence, transparency, and accountability, particularly concerning electoral roll management and the appointment process, to safeguard democratic principles.
Understand the issue · 1/2
Why now
01Recent revelations of internal dissent within the ECI and concerns over the Special Intensive Revision (SIR) process have brought the institution's independence and functioning under scrutiny, making it a critical issue for Mains examination.
Core issue
02The article criticizes the Election Commission of India's (ECI) recent press note as damage control, following revelations of internal dissent among Election Commissioners regarding decisions made under the Chief Election Commissioner. It highlights flaws in the Special Intensive Revision (SIR) process, which led to the deletion of millions of voters, and criticizes the Supreme Court's perceived deference to the state, drawing parallels to the ADM Jabalpur case. The article calls for an overhaul of the ECI's selection committee to ensure its independence.
Swipe to study · 01
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Dimensions that matter
Internal Governance and Decision-Making within ECI: Issues of transparency, consensus, and dissent among Election Commissioners.
Electoral Roll Management and Voter Deletion: Flaws in processes like SIR, impact on voter rights, and the state's responsibility in voter enrolment.
Judicial Oversight and Constitutional Interpretation: Role of the Supreme Court in reviewing ECI's actions and upholding constitutional principles, including concerns about judicial deference.
Institutional Independence and Selection Process: Concerns regarding government influence in the appointment of Election Commissioners and the need for reform in the selection committee.
Impact on Democratic Process: Erosion of public trust in electoral institutions and its implications for the fairness and legitimacy of elections.
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Answer assets
Flaws in SIR Process
Electoral Roll Management: The Special Intensive Revision (SIR) was criticized for shifting the onus of enrolment from the state to the elector, deleting names before verification, and imposing onerous conditions for re-entry.
Judicial Deference
Constitutional Interpretation: The Supreme Court's ruling on SIR was likened to ADM Jabalpur for engaging in theory rather than practice, and reading a provision for exceptional, targeted revisions as a license for a state-wide sweep.
Internal Governance Issues
ECI Functioning: Revelations of 14 objections recorded by Election Commissioners to decisions under the Chief Election Commissioner highlight a lack of transparency and consensus within the ECI.
Proposed Reform
Institutional Independence: The article suggests reconstituting the ECI by a selection committee that does not give the government an overriding majority to ensure its independence.
Impact on Voters
Democratic Rights: Post-SIR, over nine in ten appeals decided by West Bengal's tribunals restored deleted voters, indicating widespread erroneous deletions and impact on genuine electors.
How UPSC has tested it
PYQ connections
Discuss the evolution of collegium system in India. Critically examine the advantages and disadvantages of the system of appointment of the Judges of the Supreme Court of India and that of the USA.
Connection: Both the PYQ and the current issue critically examine the appointment processes of high constitutional functionaries and their impact on institutional independence.
"Constitutional morality is the fulcrum which acts as an essential check upon the high functionaries and citizens alike…." In view of the above observation of the Supreme Court, explain the concept of constitutional morality and its application to ensure balance between judicial independence and judicial accountabi...
Connection: The PYQ asks about constitutional morality in the context of balancing independence and accountability for a constitutional body, which directly aligns with the core demand of strengthening ECI's independence and acco...
Constitutionally guaranteed judicial independence is a prerequisite of democracy. Comment.
Connection: The PYQ directly asks about the fundamental importance of institutional independence for democracy, a principle that applies equally to the ECI as a guardian of free and fair elections.
Now apply it
Write one answer
Critically examine the challenges to the Election Commission of India's independence and electoral integrity, as highlighted by recent events concerning voter deletion and internal dissent. Suggest measures to strengthen its institutional autonomy.
Introduce the ECI's role, discuss challenges like SIR and internal dissent, analyze the impact on electoral integrity, and propose reforms for independence.
Write this answer"India’s institutions have largely held, except in dark periods such as the Emergency, when an executive emboldened by legislative strength ran roughshod over the Constitution and a shamelessly permissive judiciary let it do so via ADM Jabalpur." In light of this statement and the Supreme Court's recent stance on the Special Intensive Revision (SIR), discuss the importance of robust judicial review in upholding constitutional principles and safeguarding democratic institutions.
Start with the quote's context, explain judicial review's role, analyze how its absence or deference impacts institutions (using SIR/ADM Jabalpur), and conclude with its significance.
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