The Election Commission of India: A Crisis of Credibility”

The Legacy at Risk:

The Election Commission of India (ECI), once hailed as a global model of electoral integrity and independence, now finds itself at the center of a storm. In August 2025, a landmark Supreme Court interim order exposed glaring gaps in the Commission's transparency, sparking widespread criticism from constitutional experts, civil society, and political opposition.

This development is not an isolated case. Rather, it reflects a deepening institutional crisis that has evolved over the last decade. Once considered a bulwark of Indian democracy, the ECI is now grappling with allegations of opacity, executive bias, and failure to uphold its constitutional mandate.

Historical Context: From Sukumar Sen to T.N. Seshan

The ECI was established under Article 324 of the Constitution of India, entrusted with the superintendence, direction, and control of elections.

Key Milestones:

• Sukumar Sen (1950–1958): Conducted India’s first general elections, laying the foundation of electoral democracy.

• T.N. Seshan (1990–1996): Revitalised the institution. Introduced reforms, enforced the Model Code of Conduct, and demonstrated the power of a non-partisan constitutional body.

• For decades, the ECI maintained a reputation for impartiality, transparency, and efficiency.

This legacy now stands threatened.

Institutional Decline in Recent Years

Political Interference and Perception of Bias

Over the past decade, the ECI has come under increasing scrutiny for:

• Delayed action on Model Code of Conduct violations

• Timing of elections allegedly favouring ruling parties

• Unexplained decisions in delimitation, voter roll deletions, and campaign restrictions

Repeated allegations have raised concerns about erosion of institutional independence.

The Bihar Electoral Roll Controversy (2025)

The Trigger Event

• On August 14, 2025, the Supreme Court of India issued an interim order directing the ECI to:

  • Publish names and reasons for the exclusion of 65 lakh voters from the Bihar draft roll.

  • Make this data searchable online, integrated with Electors Photo Identification Card (ePIC).

ECI’s Position

• The Commission refused to disclose reasons for exclusions, citing bureaucratic and technical constraints.

• It withheld data until after election results were declared, denying the public a chance to verify errors or question exclusions.

This was seen as a direct violation of electoral transparency and fairness.

Judicial Responses and Accountability Measures

Delhi High Court (2025)

• Criticised the ECI for denying access to electoral rolls in Maharashtra and Haryana.

• Rejected the Commission's claim that it had referred the matter to CEOs.

• Noted the absence of legal justification for data suppression.

Supreme Court Directives

• Reaffirmed the importance of voter transparency under democratic principles.

• Ordered that:

  • All deletions must be made public.

  • Detailed reasons for deletions be searchable and clearly presented.

These judicial interventions have exposed administrative lapses and possible legal overreach.

Denial of Data and Suppression of Information

The ECI has repeatedly refused to:

• Share electoral roll changes with political parties and citizens in a timely manner.

• Justify deletions, even when requested by opposition leaders or public interest groups.

• Engage in transparent communication during press conferences.

The Commission has also avoided naming critics, while issuing vague legalistic defenses instead of addressing substantive concerns.

This institutional opacity has become a serious challenge to the principle of public accountability.

Ethical and Constitutional Implications

1. Violation of Voter Rights

• By denying access to reasons for voter deletions, the ECI undermines Article 326 (Universal Adult Franchise).

• Fails to protect the Right to Information (Article 19), which is vital to electoral participation.

2. Erosion of Public Trust

• The ECI's defensive posturing signals a departure from its historical role as a neutral constitutional guardian.

• Instead of inspiring trust, it has raised fears of systemic exclusion and political manipulation.

3. Loss of Institutional Integrity

• When the perception of bias sets in, even legally sound actions are viewed with suspicion.

• The ECI is now seen as accountable to the executive, not to the public or Parliament.

Voices of Concern

• Randeep Surjewala (Congress MP): Alleged that the ECI was functioning under political influence and suppressing scrutiny.

• Muhammad A. Khan (Advocate & Congress Legal Cell): Accused the ECI of legal evasion and bureaucratic shielding.

Such voices are not limited to political circles; civil society groups and legal experts have echoed similar concerns.

Comparative Perspective: Global Standards of Election Oversight

India’s recent practices fall below international best practices, especially in the realm of electoral roll management and public communication.

The Way Forward: Reform and Restoration

1. Amendment of Electoral Roll Rules

• Mandate real-time publication of all voter inclusions and deletions.

• Make it searchable and publicly accessible.

2. Independent Appointment Process

• Current CECs are appointed by the executive. A collegium system involving judiciary and opposition is necessary.

3. External Oversight Mechanism

• A Parliamentary Standing Committee or Ombudsman must review ECI decisions related to electoral integrity.

4. Transparency Mandate

• Press briefings should be structured, data-backed, and legally accountable, not vague or rhetorical.

5. Constitutional Safeguards

• Provide fixed tenures and protection against arbitrary removal to ensure independence.

Conclusion: A Test of Democratic Maturity

The Election Commission of India is more than a regulatory body, it is the custodian of India’s electoral democracy. While institutions face challenges, their response to scrutiny defines their character.

The ECI today stands at a crossroads. Will it reclaim its legacy of credibility, or become a cautionary tale of institutional decline?

To ensure India’s democratic future, the ECI must embrace transparency, reform, and a renewed commitment to constitutional ethics.