India’s electoral landscape

India’s democratic machinery is set to witness a significant transition as Gyanesh Kumar assumes office as the next Chief Election Commissioner (CEC), succeeding Rajiv Kumar. The new CEC assumes office under the new enacted selection process : The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023, passed in the Lok Sabha on December 21, 2023. Under the new Act, the selection panel now comprises the Prime Minister, a Union Minister, and the Leader of the Opposition. This composition reflects a departure from the earlier structure, which included the Chief Justice of India alongside the Prime Minister and the Leader of the Opposition. The prime minister Narendra Modi, union home minister Amit Shah and Leader of Opposition Rahul Gandhi form the new selection panel. However, Rahul has submitted his dissent note but it matters little as winning appears to matter more and not the principle. The amendment was deliberate as the BJP wanted to choose whom it wanted and shunt out whom it does not want in such posts. The exclusion of judicial oversight from this crucial selection process has raised concerns about the potential erosion of the Election Commission’s independence. Critics argue that the presence of the Chief Justice lent a sense of neutrality and judicial temperance to the appointment process-an element now replaced by executive dominance. The BJP government, leveraging its parliamentary majority, foresaw and executed this structural shift, reinforcing its influence over key democratic institutions. However, legislative dominance does not equate to democratic infallibility. The passage of bills in Parliament, ideally a process marked by rigorous debate and consensus-building, has increasingly been marred by discord. All too often, the government’s approach appears calculated to provoke opposition benches into disorder, thereby justifying the swift passage of laws through guillotine motions-an unsettling pattern for a parliamentary democracy. The legality of the 2023 Act has already been challenged in the Supreme Court. Yet, judicial intervention may prove sluggish, given the court’s extensive backlog. Coincidentally, Gyanesh Kumar is set to assume his role on the very day the apex court was expected to decide on listing the plea challenging the new appointment mechanism-a reminder of the uneasy relationship between institutional autonomy and executive expediency. There is also speculation surrounding Kumar’s closeness with the government, which only fuels anxieties about maintaining strict neutrality and independence in functioning. However, the true test lies ahead as Kumar’s performance will show if the election law will dictate his functioning or will the diktat of the powers that be prevail. The challenge before the new CEC is not merely to conduct elections but to reinforce public confidence in the Election Commission’s integrity. Any perception of bias or partisanship could undermine the very foundation of India’s electoral democracy. The new CEC must demonstrate that his allegiance is to the Constitution, not to the corridors of power. The health of India’s democracy rests not solely on laws or officeholders but on the vigilance of its citizens. As the new CEC steps into this critical role, it is expected that changes will be in the offing especially on the desired goal of One Nation One Election, in the coming months.