Controversy Over Election Commission Of India

Election Commission of India (ECI)

The Election Commission of India (ECI) is an independent constitutional body established under Article 324 of the Constitution. It has the superintendence, direction and control of elections to the Lok Sabha, Rajya Sabha, State Legislative Assembly, State Legislative Council and the offices of the President and Vice-President.

It is a three-member body, consisting of the Chief Election Commissioner (CEC) and two Election Commissioners. The current CEC is Gyanesh Kumar, and two election Commissioners are Sukhbir Singh Sandhu and Vivek Joshi. The Election Commission of India (ECI) has recently faced attention over reports of differences among the three Election Commissioners. Sukhbir Singh Sandhu and Vivek Joshi reportedly recorded written objections on at least 14 occasions over a period of around 10 months on issues related to electoral rolls, Form 6, voter data and internal work allocation.

What is the Controversy?

The two Election Commissioners reportedly raised concerns that some important decisions and communications were issued without adequate prior consultation. Issues included changes in Form 6, addition and deletion of voters, access to electoral-roll databases and allocation of IT-related responsibilities. The Chief Election Commissioner, however, has maintained that important decisions, including the Special Intensive Revision (SIR), were taken unanimously. He has also said that differences of opinion during internal discussions are part of normal administrative functioning.

Political Fallout -

Opposition parties have accused CEC Gyanesh Kumar of partisan functioning and being favourable to the ruling BJP-led government, particularly in matters concerning electoral-roll revision, SIR and the enforcement of election rules and have demanded action against Chief Election Commissioner Gyanesh Kumar.

They have also alleged that the ECI has acted against opposition interests and questioned its independence and transparency. The ruling side has defended the ECI and criticised the opposition’s allegations. The controversy has also come amid the wider debate over SIR of electoral rolls, particularly concerns regarding voter verification, deletion of names and procedural safeguards.

Special Intensive Revision (SIR) - SIR is a detailed revision of electoral rolls aimed at checking and updating voter lists. The ECI has relied on Article 324 of the Constitution and Section 21(3) of the Representation of the People Act, 1950 for its authority to conduct a special revision.

The Supreme Court’s 2026 Bihar SIR judgment recognised the ECI’s power to conduct such a revision, while stressing that its constitutional powers must operate consistently with parliamentary law and applicable procedures.

Form 6 -

Election Commissioners Vivek Joshi and Sukhbir Singh Sandhu objected to SIR-related changes linked to Form 6, stating that the statutory form under the Registration of Electors Rules, 1960 could not be altered without amending the Rules.

The disputed declaration required new voters to provide details about their age, residence, citizenship and whether they or their parents/grandparents appeared in earlier electoral rolls. The ECI defended it as an additional SIR declaration and said it was upheld by the Supreme Court in its May 2026 Bihar SIR judgment. However, the specific declaration was reportedly not directly examined by the Court. A false declaration may attract Section 31, RPA 1950, with imprisonment up to one year.

Appointment of Election Commissioners -

Under Article 324(2), the President appoints the CEC and Election Commissioners. Their appointment is currently governed by the Chief Election Commissioner and Other Election Commissioners Act, 2023.

The selection committee consists of the Prime Minister, Union Cabinet Minister nominated by PM and leader of Opposition in Lok Sabha. Before the enactment of the Act, an interim arrangement was prescribed by the Supreme Court in Anoop Baranwal v. Union of India (2023), which suggested that the selection commission must consist of the Prime Minister, leader of Opposition in the Lok Sabha and the Chief Justice of India.

Removal - The Chief Election Commissioner can be removed in a manner similar to a Supreme Court judge, on the ground of proved misbehaviour, incapacity or both.

Other Election Commissioners can be removed by the President on the recommendation of the CEC.

Important Legal Provisions -

● Article 324: Gives the ECI superintendence, direction and control over elections.

● Article 325: Provides for one general electoral roll and prohibits exclusion on grounds of religion, race, caste or sex.

● Article 326: Provides for elections based on adult suffrage.

● Article 327: Gives Parliament power to make laws regarding elections.