India striving for Electoral Integrity

 

 

In a landmark judgment on March 2, 2023, the Supreme Court of India, through a five-judge constitution bench led by Justice KM Joseph, unanimously ruled in Anoop Baranwal v. Union of India to reform the appointment process of the Chief Election Commissioner and Election Commissioners. The court mandated that a committee comprising the Prime Minister, Chief Justice of India, and Leader of Opposition advise the President on these appointments, replacing the previous method where the President acted on the advice of the Union Council of Ministers led by the Prime Minister.

This decision aimed to reduce executive influence over the Election Commission, an autonomous constitutional body tasked with overseeing elections in India under Article 324 of the Constitution and the Representation of the People Act, 1951. The court’s deliberations highlighted the absence of legislative guidelines for these appointments despite constitutional provisions allowing parliamentary intervention.

The judgment emphasized the need to safeguard the Election Commission from executive pressures and ensure its independence to conduct free and fair elections. By instituting a collegium-like system involving key parliamentary stakeholders, the court aimed to enhance transparency and impartiality in the election regulatory process, crucial for upholding democratic principles in India.