INDEPENDENCE OF THE ELECTION COMMISSION OF INDIA

The independence of the Election Commission of India is central to free and fair elections and public confidence in constitutional democracy. Article 324 of the Constitution vests the Commission with the superintendence, direction and control of elections. The appointment process has nevertheless raised questions about executive influence and institutional neutrality. In Anoop Baranwal v. Union of India (2023), the Supreme Court prescribed an interim selection committee comprising the Prime Minister, the Leader of the Opposition and the Chief Justice of India until Parliament enacted a law. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 subsequently established a different statutory committee. In the context of reported Cockroach Janata Party protests concerning electoral-roll revisions and demands for institutional accountability, this paper examines the constitutional implications of the appointment framework. It proposes a politically balanced and transparent selection process, published merit criteria, accessible voter remedies and stronger procedural accountability.