The Silent Coup: Is India’s Election Commission Becoming Election Compromise?

 

Dr. B.R. Ambedkar, the architect of the Indian Constitution, famously stated that a good constitution can become ineffective if those in power do not abide by it. This sentiment resonates strongly today as we witness the exclusion of the Chief Justice of India (CJI) from the electoral process under the pretext of separation of powers. This decision not only raises questions about the motivations behind it but also introduces a worrying caveat: no court can entertain civil or criminal proceedings against a Chief Election Commissioner or Election Commissioner. As Shashi Tharoor pointed out, we are living in an anocracy—a system where democratic institutions are weakened and political influence prevails.

Political Puppetry: The Dangerous Game of Influence

The appointment of a political nominee, such as the Home Minister, to replace the CJI further increases political influence within the ECI. This move could lead to the selection of officers who are favorable to the ruling government, eroding public trust in the ECI and fostering distrust in democracy as a whole. Moreover, it undermines judicial independence, which is crucial for maintaining checks and balances within our democratic framework.

This development exemplifies how absolute power corrupts absolutely. It compromises India's status as the world's largest democracy . As the former CJI remarked the Central Bureau of Investigation (CBI) as a "caged parrot," then now the government has a new pet.

 

The Equality Mirage: A Democracy in Disguise

In this context, where the neutrality of the Election Commission is increasingly questioned, the government’s actions echo Orwell’s famous words: “All animals are equal, but some animals are more equal than others.” In a democracy, all institutions should be impartial and independent. However, when political influence seeps into bodies like the ECI, it risks creating a system where certain individuals or groups are granted power and autonomy over others. This skewed balance undermines the foundational democratic principle of equality, allowing the ruling party to gain an unfair advantage and diluting the essence of true democracy.

By replacing a neutral figure like the CJI with a political appointee, we create a scenario where "some" political parties may be more "equal" than others. This shift leads to serious questions about fairness and legitimacy in our electoral process.

 

ECI’s Legacy: A Pillar of Neutrality at Risk

Since its inception in 1950, the ECI has been one of India’s most trusted institutions, essential for maintaining electoral integrity. The inclusion of the CJI in selecting Election Commissioners was designed to safeguard this neutrality. The judiciary's role ensured that appointments were made without political interference, upholding fairness and providing an important check on governmental power.

However, excluding the CJI from this process marks a significant departure from this tradition. By introducing partisanship into an institution that must remain neutral, we threaten its legitimacy and compromise the transparency and fairness of future elections.

 

Global Alarm Bells: Democracy Under Siege Worldwide

The erosion of democratic norms is a pressing global issue, with countries like Hungary, Poland, Turkey, and even the United States facing challenges that threaten the integrity of their democratic institutions. In India, similar trends are emerging that warrant urgent attention.

• Hungary: Democracy or Dystopia?

In Hungary, Prime Minister Viktor Orbán and his Fidesz party have systematically undermined judicial independence and electoral integrity. Recent legal reforms have allowed the government to exert control over the judiciary by appointing judges aligned with its interests and altering electoral laws to favour Fidesz. This has raised alarms within the European Union, which warns that Hungary risks becoming a "hybrid regime" rather than a full democracy. The independence of the judiciary has been compromised, leading to questions about the legitimacy of elections and whether they truly reflect the will of the people.

 

• Poland: A Struggle for Judicial Independence

Similarly, Poland's ruling Law and Justice party (PiS) has enacted controversial judicial reforms that threaten judicial independence. These changes enable significant government control over judge selection, raising concerns about the courts' ability to act as impartial checks on executive power. As a result, both domestic and international observers have expressed doubts about the fairness of elections in Poland.

 

• Turkey: The Tightening Grip of Power

 Turkey presents another stark example of democratic backsliding under President Recep Tayyip Erdoğan. His government has curtailed press freedom, weakened judicial independence, and increased political influence over electoral bodies. The 2017 referendum that transitioned Turkey from a parliamentary to a presidential system was marred by allegations of voter suppression and manipulation, leading to widespread skepticism about the fairness of elections.

 

• The United States: Democracy on the Edge

Even in the United States, long considered a bastion of democracy, there have been significant challenges to electoral integrity. The 2020 Presidential Election was overshadowed by unfounded claims of fraud propagated by former President Donald Trump. This not only undermined public trust in the electoral process but also highlighted efforts in various states to restrict voting access, particularly targeting minority communities.

India's current political climate reflects these global trends. The Election Commission of India (ECI), once seen as an impartial guardian of democracy, is at risk of politicization. Recent changes to the appointment process for Election Commissioners—removing the Chief Justice from this role—signal a troubling shift towards centralized control over elections. This mirrors developments in Hungary and Poland, where judicial independence has been eroded and electoral processes manipulated.

 

Mosquito’s whisper (my perspective)

India's situation is not unique; around the world, we see similar trends where democratic norms are being eroded. Countries like Hungary, Poland, and Turkey have systematically undermined independent institutions, leading to declines in democratic quality. These examples serve as cautionary tales for India—democratic checks and balances can quickly spiral into authoritarianism if not protected.

India stands at a critical juncture in its democratic journey. The recent changes to how Election Commissioners are selected have far-reaching consequences for electoral integrity. The exclusion of the CJI from this process poses a direct threat to this vital institution's independence.

To protect India's democracy, we must maintain a transparent and impartial ECI that upholds fairness and justice principles.Now is the time for us to reaffirm our commitment to democratic values by safeguarding our institutions—starting with ensuring that our Election Commission remains free from political influence and doesn’t become "election compromise."