For constituting poll body, a lesson from the UN

Source: The post “For constituting poll body, a lesson from the UN” has been created based on “For constituting poll body, a lesson from the UN” published in “Indian Express” on 3rd October 2026.

UPSC Syllabus: GS-2-Governance

Context: Two recent developments highlight the need to protect public trust in India’s electoral system. Concerns were raised over the functioning of the CEC and senior EC officials, while a Supreme Court split verdict stressed that the executive should not have exclusive control over appointing the CEC and ECs. These developments underline the need for an independent and impartial Election Commission.

About Article 324 of the Indian Constitution

1. Article 324 in the Indian Constitution gives power to the Election Commission to direct, control, and conduct elections to all Parliament, to the Legislature of every state and of elections to the offices of the President and Vice President held under the Constitution.
2. Article 324(1) of the Indian Constitution vests the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to Parliament, State Legislatures, and the offices of the President and Vice-President in the Election Commission of India.
3. Article 324(2) provides that the Election Commission comprises the Chief Election Commissioner and such number of other Election Commissioners as the President may determine from time to time.
4. Article 324(3) further stipulates that, when other Election Commissioners are appointed, the Chief Election Commissioner shall serve as the Commission’s Chairman.

Present Appointment Framework

1. For nearly 75 years, Parliament did not enact a law governing the appointment of the CEC and ECs, and the executive made these appointments.
2. In March 2023, the Supreme Court ruled against exclusive executive control and provided for a selection committee comprising the Prime Minister, Leader of Opposition in the Lok Sabha and Chief Justice of India, until Parliament enacted a law.
3. Parliament subsequently enacted a law in 2023 that excluded the Chief Justice of India and included a Union Cabinet Minister in the three-member selection committee.
4. The Cabinet Secretary prepares the shortlist, while decisions of the committee are taken by majority vote.
5. The concern raised is that the presence of the Prime Minister and a Cabinet Minister may give the government a dominant position in the selection process.

Why a Consensus-Based Mechanism is Important

1. The Election Commission exercises significant administrative powers and its decisions directly affect the electoral process and public confidence.
   1. The CEC and ECs must therefore be perceived as fair and independent, not merely formally independent.
2. A selection process involving both the government and Opposition can help create broader institutional trust.
3. Consensus can ensure that the selected candidate is not distrusted by either side, even if complete agreement on the most technically qualified candidate is difficult.

Lesson from the UN

1. The procedure for selecting the UN Secretary-General provides a relevant institutional lesson.
2. The process requires that none of the five permanent members of the UN Security Council exercise their veto against the candidate.
3. Consequently, the candidate who eventually emerges may not necessarily be the person considered the most technically qualified by every member, but should be someone who is acceptable and not distrusted by the major stakeholders.
4. A similar principle could be considered for appointments to the ECI, where consensus and removal of distrust can strengthen institutional legitimacy.

Possible Institutional Arrangement

1. The selection committee could include: Chief Justice of India as Chairperson; Union Cabinet Minister; and Leader of Opposition in the Lok Sabha.
2. The role of the Cabinet Secretary could be important in preparing a credible shortlist.
3. The shortlist should include persons with senior administrative experience, while also ensuring that candidates are not perceived as having political leanings or being particularly close to political leadership.
4. Seniority and experience are relevant because the ECI requires considerable administrative acumen and institutional experience.

Challenges

1. Achieving consensus among the government and Opposition may require multiple rounds of discussion.
2. Complete consensus may not always be possible, as also illustrated by the ongoing process for selecting the next UN Secretary-General.
3. However, the objective should be to minimise distrust and ensure broad acceptance of the eventual choice.

Way Forward

1. Build bipartisan consensus: The government and Opposition should work towards a selection process based on broad agreement rather than simple numerical majority.
2. Strengthen the role of the CJI: The Chief Justice of India can provide an independent institutional voice in the selection process and help reduce perceptions of executive dominance.
3. Ensure a credible shortlist: The Cabinet Secretary should recommend candidates based on administrative experience, integrity, seniority and demonstrated political neutrality.
4. Maintain transparency: Clear and publicly known eligibility criteria and selection procedures should be established to enhance public confidence.
5. Avoid political proximity: Candidates who are perceived to be particularly close to the political leadership should be avoided so that the ECI’s independence is protected both in substance and in perception.
6. Adopt the principle of consensus: The UN Security Council’s approach provides a useful lesson — where complete agreement is difficult, the focus can be on finding a candidate who is acceptable to all major stakeholders and not distrusted by any.
7. Protect institutional independence: The appointment mechanism should ultimately ensure that the CEC and ECs can discharge their constitutional responsibility of ensuring free and fair elections without fear or favour.

Conclusion: The credibility of India’s electoral democracy depends not only on conducting elections but also on ensuring public trust in the institution conducting them. A selection mechanism that encourages government-Opposition agreement, institutional independence and transparency can strengthen the ECI. Thus, the emphasis should be on selecting persons whose experience, impartiality and independence are widely trusted, while using consensus as an important safeguard against perceptions of political bias.

Question: Why is a consensus-based mechanism for appointing the CEC and ECs important for electoral democracy? Discuss.

Source: Indian Express