It’s Not Just About Workload but Also About the Concentration of Power

Newsreel Asia Insight #157
March 11, 2024

In a surprising turn of events, Arun Goel, an Election Commissioner (EC), has stepped down, leaving the Election Commission of India (ECI) with only the Chief Election Commissioner (CEC), Rajiv Kumar, at the helm, just weeks before the general elections. Goel, whose tenure was expected to extend until December 2027, departed without offering a public explanation. This development comes on the heels of the retirement of another EC, Anup Pandey, plunging the ECI into a significant staffing crisis at a pivotal time.

The abrupt resignation of Goel, as reported by The Wire, coupled with its timing, has sparked widespread concern over the ECI’s ability to function autonomously and maintain its integrity, particularly amid ongoing discussions surrounding electoral financing and the commission’s independence.

The Supreme Court’s recent decision to declare the anonymous electoral bond system unconstitutional, and its directive to the State Bank of India to unveil the identities of donors, has only added to the prevailing uncertainty, with further deliberations expected in the Court.

Goel’s appointment and subsequent resignation have been mired in controversy, the Wire noted. His swift elevation to the post in 2022 coincided with the Supreme Court’s scrutiny of the ECI’s appointment mechanisms. Despite the court’s subsequent call for a more equitable appointment process, the government enacted legislation that preserved its dominant role in these appointments.

This incident marks the second notable resignation of an Election Commissioner under the current government, following Ashok Lavasa in 2020. Lavasa, known for his dissenting stance within the commission, later faced intense personal and familial scrutiny.

The CEC and the ECs shoulder the critical responsibility of overseeing India’s electoral processes, ensuring that elections are conducted transparently, fairly and freely across various levels of government. Their duties include a wide range of activities, from managing election schedules and preparing electoral rolls to enforcing election guidelines and resolving disputes, all aimed at upholding the electoral system’s integrity.

The CEC has a crucial role in guiding the ECI, but the commission’s effectiveness relies on teamwork among all its members. Having multiple commissioners ensures that decisions are made after considering different viewpoints, which leads to more balanced and fair outcomes. This setup helps prevent any single individual from having too much control, which could lead to biased decisions.

The combined efforts of all commissioners are also important for sharing the responsibilities involved in managing elections. This teamwork allows for thorough discussions on important matters, ensuring that all aspects are considered before making decisions. Such collaboration is key to conducting elections in a way that is transparent (open and clear to scrutiny) and fair (equitable and just), upholding the democratic process.

However, the current situation, with the ECI operating with a severely reduced leadership, raises questions about its capacity to manage the extensive and intricate tasks involved in conducting nationwide elections. The absence of a full complement of commissioners not only challenges the ECI’s operational efficiency but also puts the robustness of India’s democratic processes to the test.

The alternative, not any better, is that the current administration, which is seeking a third consecutive term in the forthcoming general election, will appoint the two Election Commissioners thanks to a new law.

On March 2, 2023, a constitutional bench at the Supreme Court ruled that the appointment of the CEC and the two other ECs should be the prerogative of the President of India, based on recommendations from a committee. This committee should include the Prime Minister, the Leader of the Opposition in the Lok Sabha or the leader of the largest opposition party, and the Chief Justice of India.

However, the government did not adhere to this ruling and enacted legislation establishing a committee for these appointments. This committee consists of the Prime Minister, the Leader of the Opposition and a third member, identified as a Union Cabinet Minister nominated by the Prime Minister. This move effectively maintained the executive branch’s influence over the appointment process, which the Supreme Court had intended to limit.

As the country approaches a critical electoral juncture, the ability of the CEC to single-handedly steer the commission through these turbulent times, or along with the new ECs appointed by the current administration, remains a matter of intense speculation and concern.