The Controversy Surrounding the Election Commission of India

• The Election Commission of India is facing controversy over alleged irregularities involving Chief Election Commissioner Gyanesh Kumar and 2 Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
• An investigation report by The Indian Express alleged that two election commissioners were kept out of several key decisions and objected to 14 decisions on record over the past 10 months, even raising concerns with the Cabinet Secretary.

The SIR Row

• Special Intensive Revision (SIR) of electoral rolls has sparked controversy, with opposition parties alleging that the exercise could affect voter lists in favour of the ruling BJP. 
• According to The Indian Express, Election Commissioner Sukhbir Singh Sandhu reportedly objected to a change in Form 6, calling it “unauthorised and illegal” and seeking its immediate removal. Former CECs O.P. Rawat and S.Y. Quraishi also questioned the legality of the change.
• The controversy has intensified concerns among opposition parties over the transparency and credibility of the electoral process.

What is SIR?	What is Form 6?
The Special Intensive Revision (SIR) is an exercise to identify and remove errors from electoral rolls and ensure that the voter list is accurate, updated, and includes all eligible citizens.	Form 6 is the application form used by an eligible person to apply for inclusion of their name in the electoral roll.

ELECTION COMMISSION OF INDIA

• Constitutional Basis: Article 324
• Objective: To ensure free and fair elections in the country
• Primary Role: Superintendence, direction and control of elections
• Elections Covered: Parliament, State Legislatures, President & Vice-President
• Local Body Elections: Conducted by separate State Election Commissions

COMPOSITION OF THE ELECTION COMMISSION

The composition of the Election Commission is primarily governed by Article 324.

Constitutional Provisions

Provision	Details
Composition	Chief Election Commissioner + such number of Election Commissioners as the President may determine
Appointment	Made by the President
Chairman	Chief Election Commissioner acts as Chairman when other Election Commissioners are appointed
Regional Commissioners	President may appoint them after consultation with the Election Commission
Service Conditions & Tenure	Determined by the President, subject to Parliamentary law

ELECTION MACHINERY: LEVEL-WISE 

Level	Officer / Institution	Major Role
National	Election Commission of India	Overall supervision and control of elections
National	Deputy Election Commissioners	Assist the Election Commission
State	Chief Electoral Officer	Assists ECI at State level
District	Collector / District Returning Officer	Coordinates election arrangements at district level
Constituency	Returning Officer	Conducts election-related functions in the constituency
Polling Station	Presiding Officer	Supervises polling at the polling station

EVOLUTION OF THE COMMISSION

The Election Commission has undergone changes in its composition over time.

Period	Status
1950 – 15 October 1989	Single-member body headed by the Chief Election Commissioner
16 October 1989	Two additional Election Commissioners were appointed
January 1990	Two additional posts were abolished; Commission reverted to single-member form
October 1993 onwards	Two additional Election Commissioners were appointed again
Since October 1993	Multi-member Election Commission consisting of three Election Commissioners

CONDITIONS OF SERVICE AND TENURE

The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 contains provisions relating to the service conditions of the Election Commissioners.

Key Provisions

Aspect	Provision
Powers	CEC and other Election Commissioners have equal powers
Salary & Allowances	Equal salary, allowances and other perquisites
Status of Benefits	Similar to those of a Supreme Court Judge
Difference of Opinion	Decided by majority
Tenure	Six years or until 65 years of age, whichever is earlier
Resignation	Can resign by writing to the President

Decision-Making

• The matter is decided by the Commission by majority, when there is a difference of opinion among the Election Commissioners: 

INDEPENDENCE OF THE ELECTION COMMISSION

The Constitution contains several safeguards intended to ensure the independent and impartial functioning of the Election Commission.

Constitutional Safeguards

1. Security of Tenure of the CEC

• The Chief Election Commissioner enjoys security of tenure.
• He/she cannot be removed except in the same manner and on the same grounds as a Judge of the Supreme Court.

2. Removal

A majority of the total membership of each House and a two-thirds majority of the members present and voting is required.

2. Removal of Other Election Commissioners

An Election Commissioner or Regional Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner.

Feature	Chief Election Commissioner	Other Election Commissioners
Security of tenure	Strong constitutional protection	Comparatively less protection
Removal	Same manner and grounds as SC Judge	Cannot be removed without CEC recommendation
Service conditions	Cannot be varied to disadvantage after appointment	Source discusses this separately

LIMITATIONS / GAPS IN THE CONSTITUTIONAL FRAMEWORK

1. The Constitution does not prescribe specific qualifications—legal, educational, administrative or judicial—for members of the Election Commission.
2. The Constitution does not specify the term of office of Election Commission members.
3. The Constitution does not debar retiring Election Commissioners from further appointment by the government.

Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

• Appointment of Gyanesh Kumar as the Chief Election Commissioner (CEC) was made under the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. 
• The CEC and ECs are appointed by the President on the recommendation of a Selection Committee comprising the Prime Minister, Leader of the Opposition and a Union Cabinet Minister nominated by the Prime Minister.
• This selection process bypassed Supreme Court (SC) guidelines in the Anoop Baranwal Case, 2023. 

EXAM-ORIENTED QUICK FACTS