Supreme Court Petition Seeks Former CJI-Led Expert Committee to Review Election Commission's Working
A petition has been filed in the Supreme Court seeking an independent expert committee, headed by a former Chief Justice of India, to examine how the Election Commission of India functions. The plea asks for a review of the poll body's decision-making processes, its mechanisms for revising electoral rolls, and its protocols for electronic voting machines (EVMs).
The petition raises concerns about the Commission's working under Chief Election Commissioner Gyanesh Kumar. It seeks an independent assessment of the procedures for preparing and revising electoral rolls, as well as the technology used to conduct elections. The petitioner wants a committee made up of a retired Chief Justice of India or a former Supreme Court judge, along with technical experts and other eminent persons, to carry out the review within a set timeframe.
The proposed review would look at how the Special Intensive Revision (SIR) of electoral rolls is being implemented, how electoral data is handled, and what safeguards govern the addition and deletion of voters' names. It would also examine the Commission's policies and procedures on EVMs, including their technical design, deployment and operational rules, and assess them against established standards and international best practices.
The petition comes amid growing legal scrutiny of the Election Commission after reports of differences between Kumar and the two other Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi, over decisions on electoral processes. The controversy has centred on allegations that certain decisions were taken in the Commission's name without the required agreement of its members. The petitioners have questioned whether the powers of the multi-member constitutional body were exercised in line with the governing statutory framework.
The challenge also flags concerns over the Special Intensive Revision of electoral rolls and the possibility that eligible voters could be excluded without adequate procedural safeguards. It seeks greater transparency in the revision process and scrutiny of how electoral data is changed, verified and maintained.
The legal questions arise under Article 324 of the Constitution, which gives the Election Commission the superintendence, direction and control of elections. Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, says the Commission's business should, as far as possible, be conducted unanimously, with differences of opinion resolved by majority.
The Supreme Court has already taken up separate petitions challenging aspects of the Commission's functioning and has sought the ECI's response to allegations about decisions attributed to the Chief Election Commissioner. The proceedings raise questions about institutional accountability and how a multi-member constitutional body is expected to carry out its duties. If formed, the proposed expert committee would give an independent assessment of the issues raised, including the integrity of electoral processes, transparency in decision-making and safeguards against the arbitrary exclusion of eligible voters.
Source: India Legal