A petition before the Supreme Court has sought the constitution of an independent expert committee headed by a former Chief Justice of India to examine the functioning of the Election Commission of India (ECI), including its decision-making processes, electoral roll revision mechanisms and electronic voting machine (EVM) protocols.
The plea raises concerns over the functioning of the poll body under Chief Election Commissioner Gyanesh Kumar and seeks an independent assessment of the procedures governing the preparation and revision of electoral rolls, as well as the technological systems employed in conducting elections.
The petitioner has sought a committee comprising a retired Chief Justice of India or a former Supreme Court judge, along with technical experts and other eminent persons, to undertake an independent review within a prescribed timeframe. The proposed exercise would examine the implementation of the Special Intensive Revision (SIR) of electoral rolls, the handling of electoral data and the safeguards governing the inclusion and deletion of voters’ names.
The plea also seeks a comprehensive examination of the ECI’s policies and procedures relating to electronic voting machines, including their technical architecture, deployment and operational protocols. It calls for an assessment of these systems against established standards and international best practices.
The petition comes amid mounting legal scrutiny of the Election Commission’s functioning following reports of differences between Kumar and the two other Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi, over decisions concerning electoral processes.
The controversy has centred, among other issues, on allegations that certain decisions were taken in the name of the Commission without the requisite concurrence of its members. The petitioners have questioned whether the exercise of powers vested in the multi-member constitutional body has complied with the governing statutory framework.
The challenge also raises concerns over the Special Intensive Revision of electoral rolls and the possibility of eligible voters being excluded without adequate procedural safeguards. The petition seeks greater transparency in the revision process and scrutiny of the mechanisms through which electoral data is modified, verified and maintained.
The legal questions arise in the context of Article 324 of the Constitution, which vests the superintendence, direction and control of elections in the Election Commission. Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, provides that the Commission’s business is to be transacted, as far as possible, unanimously, with differences of opinion to be 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 concerning decisions attributed to the Chief Election Commissioner. The proceedings raise questions about institutional accountability and the manner in which a multi-member constitutional body is required to discharge its functions.
The proposed expert committee, if constituted, would provide an independent assessment of the issues raised in the petition, including the integrity of electoral processes, transparency in decision-making and safeguards against the arbitrary exclusion of eligible electors.
The matter forms part of a broader legal challenge concerning the functioning of the Election Commission and the constitutional principles governing the conduct of free and fair elections.
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