Politics Uncategorized

Do We Have an Opposition Party or Is It in Sleep Mode !? The Nation Watches as Democracy Stumbles

February 24, 2025
R.B. Stalin
Do We Have an Opposition Party or Is It in Sleep Mode !? The Nation Watches as Democracy Stumbles

Democracy at Crossroads: The Controversial Appointment of India’s Chief Election Commissioner

In a move that has ignited intense debate across the nation, the recent appointment of Gyanesh Kumar as India’s Chief Election Commissioner (CEC) has raised critical questions about the integrity of democratic processes and the role of opposition parties in safeguarding these institutions. This development, executed under the provisions of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, has been met with significant opposition and legal challenges.

1. The New Appointment Mechanism: A Shift in Power Dynamics

  • Composition of the Selection Committee: The 2023 Act redefines the selection process for the CEC and Election Commissioners (ECs). The Selection Committee now comprises:
    • The Prime Minister (Chairperson)A Union Cabinet Minister nominated by the Prime MinisterThe Leader of Opposition (LoP) in the Lok Sabha
    This structure effectively grants the ruling government a 2:1 majority in the selection process, potentially diminishing the influence of the opposition.
  • Exclusion of Judicial Oversight: Notably, the Act omits the Chief Justice of India (CJI) from the Selection Committee. This exclusion has been a focal point of criticism, as it removes a layer of judicial oversight that many believe is essential for maintaining the independence of the Election Commission.

2. Historical Context: Evolution of the Appointment Process

  • Pre-2023 Practices: Historically, the appointment of the CEC was the prerogative of the President, based on the advice of the Prime Minister and the Council of Ministers. This process lacked a defined selection committee, leading to calls for a more transparent and balanced approach.
  • Supreme Court’s Intervention in 2023: In response to concerns about executive overreach, the Supreme Court, in its March 2023 judgment, recommended the inclusion of the CJI in the Selection Committee. This was intended as an interim measure to ensure impartiality until Parliament enacted a comprehensive law.

3. Opposition’s Response: A Call to Action

  • Rahul Gandhi’s Dissent: Leader of Opposition Rahul Gandhi has been vocal in his opposition to the new appointment process. He submitted a formal dissent note during the Selection Committee meeting, criticizing the exclusion of the CJI and expressing concerns over the potential erosion of the Election Commission’s independence. Gandhi described the late-night appointment decision as “disrespectful and discourteous,” especially given the pending legal challenges.
  • Broader Political Backlash: Other opposition leaders have echoed these sentiments. Trinamool Congress MP Saket Gokhale sarcastically referred to Home Minister Amit Shah as “India’s new Chief Election Commissioner,” implying undue governmental influence over the Election Commission.

4. Legal Challenges: The Judiciary’s Role

  • Pending Petitions: Multiple petitions challenging the validity of the 2023 Act are currently before the Supreme Court. Petitioners argue that the Act undermines the principle of separation of powers by granting excessive control to the executive branch over the Election Commission.
  • Supreme Court’s Stance: The Supreme Court has acknowledged the urgency of these matters, scheduling hearings to address the constitutional validity of the new appointment process. The outcomes of these proceedings could have profound implications for the future of India’s electoral integrity.

5. Implications for Democracy: A Call for Vigilance

  • Erosion of Democratic Norms: The concentration of appointment powers within the executive branch raises concerns about the potential for partisan bias in the Election Commission. Such a shift could undermine public confidence in the electoral process, which is foundational to a functioning democracy.
  • Responsibility of the Opposition: The muted response from opposition parties has been a point of contention. Critics argue that a robust and proactive opposition is essential to hold the government accountable and to protect democratic institutions from potential overreach.

6. The Way Forward: Upholding Democratic Values

  • Ensuring Institutional Independence: It is imperative to revisit and possibly revise the appointment process to include broader representation, such as judicial members, to safeguard the autonomy of the Election Commission.
  • Active Civic Engagement: Citizens and civil society organizations must remain vigilant and engaged, advocating for transparency and fairness in processes that impact the democratic fabric of the nation.

In conclusion, the recent developments surrounding the appointment of the Chief Election Commissioner serve as a critical reminder of the delicate balance required between different branches of government. Upholding the independence of constitutional bodies like the Election Commission is paramount to preserving the democratic ethos of India. It is incumbent upon all stakeholders, including the government, opposition, judiciary, and the citizenry, to work collaboratively to ensure that the pillars of democracy remain robust and unassailable.