Twenty-three opposition parties and an independent Member of Parliament have jointly written to the Chief Justice of India, D.Y. Chandrachud, expressing deep concern over the perceived erosion of the Election Commission's independence and urging the judiciary to safeguard its constitutional role.
Letter Highlights Concerns Over EC's Autonomy
The letter, dated February 24, 2023, was signed by leaders from parties including the Congress, Trinamool Congress, Aam Aadmi Party, Samajwadi Party, and others. It emphasizes that the Election Commission must remain "committed to its constitutional duty" and free from executive influence. The signatories argue that recent appointments and actions have undermined the commission's credibility.
According to the letter, the opposition parties are alarmed by the manner in which the Chief Election Commissioner and Election Commissioners are appointed. They pointed out that the current process, which gives the executive a dominant role, violates the principle of independence enshrined in the Constitution.
Demand for Collegium-Like Appointment System
The opposition parties have demanded a collegium-like system for appointing election commissioners, similar to the process for higher judiciary appointments. They argue that this would insulate the commission from political pressure. The letter also references the Supreme Court's previous observations on the need for a transparent and independent appointment mechanism.
Independent MP Navneet Rana, who also signed the letter, added her voice to the demand for a fair electoral process. The signatories urged the Chief Justice to take cognizance of the matter and issue directions to protect the Election Commission's autonomy.
Specific Instances of Alleged Bias
The letter cites specific instances where the Election Commission's actions have been questioned, including the handling of model code of conduct violations and the deferment of by-elections in certain states. The opposition parties claim that these decisions have favored the ruling party and eroded public trust in the electoral body.
They also expressed concern over the government's decision to appoint a former bureaucrat as the Chief Election Commissioner, arguing that it undermines the commission's independence. The letter states, "We remain committed to ensuring that the Election Commission functions without fear or favor."
Supreme Court's Role in Safeguarding Democracy
The opposition parties have called upon the Supreme Court to intervene and lay down guidelines to ensure the Election Commission's independence. They argue that the court has a constitutional duty to protect democratic institutions. The letter concludes with a plea to the Chief Justice to list the matter for hearing and issue appropriate directions.
