July 17, 2026

The Election Commission Must Not Only Be Neutral But It Must Also Be Seen to Be Neutral

By Sunil Garodia
First publised on 2026-05-15 07:09:54

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Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

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The Supreme Court is absolutely right in saying that the current set-up to select the CEC and ECs is biased as it consists of the Prime Minister, the Leader of the Opposition and a cabinet minister. The court said that no minister would oppose the Prime Minister, giving the government a 2-1 edge to put its chosen men in the seat.

Calling the process a mere "show of independence" rather than genuine independence in appointment, the court has rightly pushed for a neutral member on the panel. It also pointed out that the selection panel for the CBI chief included the CJI in addition to the Prime Minister and the LoP - why couldn't the same apply in the case of the CEC and ECs?

This is a recurring problem which needs a permanent solution. As the court rightly said, the Election Commission must not only act neutral but also appear neutral. The government had passed the CEC and Other Election Commissioners (Appointment, Conditions of Service and Terms of Office) Act precisely to circumvent the Supreme Court's earlier direction that these appointments be made by a panel comprising the Prime Minister, the CJI and the LoP. The Act was passed to go around that order.

The Election Commission is a constitutional body. Its independence is paramount, as it conducts elections that can change the fate of the nation. If the executive is allowed to fill it with its chosen appointees who will then do its bidding, the entire process is vitiated. Even if the EC performs its duties honestly, the tag of government-sponsored officers will always stick, making their conduct suspect.

Ultimately, this is about the credibility of the electoral process itself. An Election Commission perceived as the government's instrument does not merely damage its own reputation - it damages faith in every election it conducts. India's democracy has survived because its institutions, however imperfect, were broadly trusted. That trust, once broken, is not easily rebuilt. The government would do well to remember that the EC's independence protects not just the opposition, but the ruling party too - on the day it is no longer the ruling party.