Why The Election Commission Is Facing Controversy: Explained

The Election Commission is caught in a major controversy over allegations of irregularities against its head and Chief Election Commissioner Gyanesh Kumar. The poll body has three members - the other two being election commissioners Sukhbir Singh Sandhu and Vivek Joshi. The latest controversy stems from a report that said Mr Sandhu and Mr Joshi were kept in the dark about various decisions taken by the Election Commission, a constitutional body. It further said that the two election commissioners objected to several of these decisions and even complained to the chief secretary.

The investigative report by Indian Express said there were 14 instances in the past 10 months when the two members of the poll body objected to the decisions "on record".

Ammo For Opposition

IYC member protests against Gyanesh Kumar.
Photo Credit: PTI

The revelations have led to opposition leaders demanding resignation of Gyanesh Kumar, the chief of one of the most trusted institutions in the country. They have been citing the dissent notes from the other two election commissioners and accusing Mr Kumar of violating the foundational principle of democracy.

Congress leader Rahul Gandhi called Mr Kumar a traitor (Deshdrohi) adding his party won't remain a mute spectator and watch democracy in India "being destroyed".

The Election Commission, on its part, said in a statement that "differing views" were part of its "decision-making process".

The SIR Row

The commission is facing these allegations at a time when it is carrying out special intensive revision (SIR) of voter list - an exercise it says is to ensure no ineligible name remains on the voter rolls.

Opposition parties claim the two election commissioners had raised objection against the exercise, but that too was ignored.

SIR is already a controversial exercise, with opposition parties accusing the CEC of manipulating the voter list to favour the ruling Bharatiya Janata Party (BJP) during elections. Both the BJP and Election Commission have rejected these accusations.

But according to the Indian Express report, Mr Sandhu recorded in a file noting in August that the change in Form 6 (for inclusion of name in electoral roll) was "unauthorised and illegal" and should be removed immediately.

OP Rawat, who served as the CEC in 2018, described the change in Form 6 as "absolutely wrong and illegal". Speaking to news agency PTI, Mr Rawat described the SIR as a "Frankenstein which has created fear in the minds of voters everywhere".

Another former CEC SY Quraishi said the two serving election commissioners were right to argue that an addition to Form 6 required an amendment to the rules.

These reactions have led opposition parties to question the sanctity of the election process. The Cockroach Janata Party (CJP), the Gen Z-led outfit, has warned of another protest at Jantar Mantar; its earlier protest forced the education minister to resign.

What Has The BJP Said?

The BJP on Wednesday launched a strong attack on Congress and other opposition parties over their criticism of the Modi government concerning SIR and the functioning of the Election Commission and said no attempt is being made to "save any specific individual", but the ruling party at the Centre is "trying to save India's democracy".

BJP spokesperson Sambit Patra also hit out at Rahul Gandhi's "treason" jibe at the BJP and RSS and said "the entire country is watching to see who is actually committing treason".

The BJP leader accused Congress of electoral malpractices during its rule.

The party's national spokesperson and Rajya Sabha MP Sudhanshu Trivedi countered the oppsition's assertion that anti-incumbency had become an established trend only after the BJP formed the government.

"Rahul Gandhi said 'Anti-incumbency is an established truth of this country, and that has happened after the BJP came to power'. I believe that, politically speaking, it shows a total absence of wisdom, and politically speaking, a complete void of knowledge. Rahul Gandhi ji doesn't know this, yes, it is true that anti-incumbency is definitely very consistent and strong against the Congress," said Mr Trivedi.

Not The First ECI Controversy

The poll body has faced challenges previously too, the most notable one being during the tenure of TN Seshan. As CEC, Seshan challenged Narasimha Rao government's move to appoint two election commissioners - MS Gill and GVG Krishnamurthy - since the poll body was functioning as a one-member body till then. The row reached Supreme Court's doorstep, which established the principle that the CEC is the chairman, but the ECI is a collective body in which the other commissioners have a meaningful role.

In 2009, another controversy arose during the tenure of N Gopalaswami's tenure as CEC. He recommended the removal of Navin Chawla as election commissioner accusing him of acting in a partisan manner. But the government rejected the recommendation and Mr Chawla succeeded Mr Gopalasawmi as the CEC.

The Election Commission faced the issues of dissent in 2019 and 2024, when Ashok Lavasa and Arun Goel were election commissioners.