Onmanorama Explains | How independent is the Election Commission of India?

Opposition parties are demanding the resignation of Chief Election Commissioner Gyanesh Kumar after a media report revealed an unprecedented internal rift within the Election Commission of India. According to the report, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi formally objected at least 14 times over 10 months to decisions they said were taken without their knowledge. Their objections covered changes to voter registration, deletion and restoration of names from electoral rolls, and the centralisation of the voter database.

So, what exactly are the powers of the three Election Commissioners? Can the Chief Election Commissioner take decisions without the other two? And how independent is the Election Commission from the government that appoints its members?

What is the Election Commission?
The Election Commission of India is a constitutional authority responsible for conducting elections to Parliament, state legislatures and the offices of the President and Vice-President. It was originally a single-member body headed by the Chief Election Commissioner. Since 1993, it has functioned as a three-member commission, with one CEC and two Election Commissioners.

The important point is this: the CEC is not supposed to function as a one-person Election Commission. The ECI says all three commissioners have an equal say in the Commission's decision-making.

Under the Chief Election Commissioner and Other Election Commissioners Act, 2023, the Commission's business is to be transacted, as far as possible, unanimously. Where there is a difference of opinion, the matter is decided by majority.

In other words, the CEC is the head of the Commission, but the three members collectively constitute the decision-making body.

What triggered the latest controversy?
The controversy centres on the Special Intensive Revision, or SIR, of electoral rolls. The Indian Express reported that Sandhu and Joshi objected repeatedly to decisions taken during the exercise, including changes to the Form 6 used by new voters to register.

The revised form included questions linking new voters or their parents and grandparents to electoral rolls from the previous SIR. The two commissioners reportedly described the change as “illegal” and “unauthorised” and sought its removal.

They also raised concerns about the centralisation of access to the voter database and changes to the functioning of the Commission's IT systems.

In one instance, the two commissioners approached the Cabinet Secretary over changes in work allocation that they said affected oversight of the electoral-roll IT system. The Indian Express reported that the objections were made on at least 14 occasions over 10 months.

The report also said the two commissioners' concerns were copied to Gyanesh Kumar, but did not receive a response from the Election Commission when the newspaper sought comment.

Does the CEC have veto power?
No. There is no provision that gives the CEC a veto over the other Election Commissioners in the Commission's decision-making.

The three members have equal voting rights, with decisions ultimately determined by majority if unanimity cannot be reached.

There is, however, an important distinction between the CEC and the other commissioners when it comes to removal from office.

The CEC can be removed through a process similar to that applicable to a Supreme Court judge, requiring parliamentary action. The other Election Commissioners can be removed by the President on the recommendation of the CEC.

So, while the CEC has a stronger position in certain institutional matters, that does not mean the CEC has greater voting power when the Commission takes decisions.

Who appoints the Election Commissioners?
This is where the story goes back to 2023. In March 2023, a five-judge Constitution Bench of the Supreme Court had directed that appointments to the Election Commission be made on the recommendation of a committee comprising the Prime Minister, the Leader of the Opposition and the Chief Justice of India.

The court said this arrangement would operate until Parliament made a law governing the appointments. Parliament subsequently passed the Chief Election Commissioner and Other Election Commissioners Act, 2023.

The new law replaced the Chief Justice of India on the selection committee with a Union Cabinet minister nominated by the Prime Minister. The committee now consists of the Prime Minister, a Union Cabinet minister nominated by the PM and the Leader of the Opposition.

What happened when the new system was first used?
The first appointments under the 2023 law came in March 2024. Election Commissioners Gyanesh Kumar and Sukhbir Singh Sandhu were appointed after a selection process involving Prime Minister Narendra Modi, Union Home Minister Amit Shah and then Leader of the Opposition Adhir Ranjan Chowdhury. Chowdhury recorded his dissent over the selection process.

In 2024, Election Commissioner Anup Chandra Pandey retired, while Arun Goel resigned shortly before the Lok Sabha elections. This briefly left the Commission with only CEC Rajiv Kumar.

Kumar and Sandhu were subsequently appointed as Election Commissioners.

What about Gyanesh Kumar's appointment as CEC?
In February 2025, Gyanesh Kumar was appointed Chief Election Commissioner. The selection committee this time comprised Prime Minister Narendra Modi, Home Minister Amit Shah and Leader of the Opposition Rahul Gandhi.

Gandhi recorded a dissent over the selection process. Kumar thus became the first CEC appointed under the new 2023 law.