Election Commission, vote and democracy: Intangible rights of citizens

Y AwomiDimapurDemocracy is founded on the principle that political power ultimately belongs to the people. Citizens exercise this power through representatives chosen in free and fair elections.Foundations of DemocracyThe main foundations are;Popular sovereignty: Government derives its authority from the consent of the people.Equality: Every citizen has equal political value - one person, one vote.Rule of law: Citizens and government officials are subject to the law.Fundamental rights: Freedom of speech, religion, association, and peaceful disagreement must be protected.Free and fair elections: Elections must be regular, competitive and transparent.Accountability: Elected representatives must answer to the people and can be removed through elections.Independent institutions: Courts, legislatures, election bodies, media, and civil society help prevent misuse of power.Respect for diversity: Democracy protects minorities and allows different opinions, parties, and interests to coexist.The Election Commission of India (ECI) is an Independent Constitutional Authority responsible for conducting and supervising elections in India. It administers elections to: Lok Sabha and Rajya Sabha; State Legislative Assemblies and Legislative Councils; The offices of the President and Vice-President.Its authority comes mainly from Article 324 of the Constitution, which gives it overall control over the electoral processComposition: The ECI is presently a three-member body.How are members appointed?The members are not elected by citizens or Parliament. They are appointed by the President of India under Article 324(2) of the Constitution.Under the current legal framework, the President makes these appointments on the recommendation of a selection committee consisting of:•    The Prime Minister - Chairperson•    A Union Cabinet Minister nominated by the Prime Minister•    The Leader of the Opposition in the Lok Sabha, or the leader of the largest opposition party if there is no officially recognised Leader of the OppositionThus, the correct term is “Appointed,” not “Elected.”Procedure for removal of CEC: The Chief Election Commissioner can be removed only through a process similar to the removal of a Supreme Court judge- Parliament must approve the removal on grounds of proved misbehaviour or incapacity.The process broadly requires:•    A removal notice signed by at least 100 Lok Sabha members or 50 Rajya Sabha members•    Admission of the motion by the Speaker or Chairman•    An inquiry by a committee comprising a Supreme Court judge, a High Court judge, and a distinguished legal expert•    An opportunity for the CEC to defend himself•    Approval by the required special majority in both Houses of Parliament•    A formal removal order by the PresidentWhy the removal of the present CEC of India is being demanded? The principal allegations are:Electoral-Roll irregularities - The Special Intensive Revision reportedly resulted in the removal or flagging of more than 13 crore names, while many citizens complained that the process was difficult and documentation-heavy. The Election Commission says the exercise was intended to identify dead, duplicate, shifted, or otherwise ineligible entries.Internal dissent within the Commission- Reports allege that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi raised objections on at least 14 occasions concerning voter databases, enrolment procedures, electoral-roll security, and decisions allegedly taken without their prior knowledge.Loss of institutional credibility - Critics argue that the CEC has failed to satisfactorily answer concerns about the impartiality, transparency, and auditability of the revision exercise. The controversy has therefore become a question not only of individual conduct but also of public confidence in India’s electoral referee.Concerns over executive influence - Under the 2023 appointment law, the selection committee consists of the Prime Minister, the Leader of the Opposition, and a Union minister nominated by the Prime Minister. Critics contend that this arrangement gives the government two of the three votes in the appointment process.These are serious grounds for independent investigation and parliamentary scrutiny. The ECI has maintained that differing views are normal in institutional deliberation and that its decisions were ultimately taken by the full Commission.The Way Ahead The stronger democratic position: Suspend judgments, publish the relevant records, conduct an independent audit of the electoral-roll revision, and remove the CEC only if the inquiry proves deliberate manipulation, suppression of material information, abuse of authority, or incapacity.This approach protects two principles simultaneously: citizens’ right to challenge a potentially compromised election authority, and the independence of the Election Commission from politically motivated removal. A CEC who can be dismissed by a parliamentary majority without proof would be vulnerable to government pressure; a CEC who cannot be investigated despite credible internal objections would be equally dangerous to electoral democracy.