For constituting poll body, a lesson from the UN

Recent weeks have highlighted the importance of maintaining trust in India's electoral democracy. The Indian Express reported on actions by the Chief Election Commissioner (CEC) and senior Election Commission officials that may undermine the right to vote and raised concerns among other Election Commissioners. Meanwhile, a split verdict by a Supreme Court division bench re-emphasized that the executive cannot have exclusive powers in appointing the CEC and Election Commissioners (ECs).

Article 324 of the Constitution grants the Election Commission the responsibility for superintendence of elections, but there has been no legislation for nearly 75 years, leaving the executive to appoint these officials until a Supreme Court ruling in March 2023. A selection committee was created, consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.

However, a cabinet law enacted in December 2023 replaced the Chief Justice with a cabinet minister, making the committee potentially biased. The best approach for ensuring fair elections may be to emulate the UN Security Council's method of selecting the UN Secretary-General, where none of the five veto-wielding Permanent Members disagree with the choice.