Phase 1 done. Six more to go. Over the next few weeks, few institutions across the universe will be under more public scrutiny than the Election Commission of India (ECI). In performing its solemn national duty, which is to ensure free and fair elections, not only must the ECI be fair, but they must be 'seen' to be fair in all they do.
Since 1950, the ECI has earned itself a reputation of being an umpire whose task is to ensure a level playing field. The phrase 'neutral umpire' is superfluous, because an umpire, by definition, is meant to be neutral. Independent, non-partisan, effective, fair, efficient, are adjectives that must fit snugly into the pockets of the black and white coats of the neutral umpire. But do they?
In Anoop Baranwal vs Union of India (2023), a Constitution Bench of the Supreme Court unanimously held that the selection of the Chief Election Commissioner and the Election Commissioner would be done by a three-member Committee consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India. The ruling stated that the architects of our Constitution "did not intend the executive exclusively calling the shots in the matter of........