Opposition Calls for CEC’s Exit Over Alleged “Illegal Conduct”

Context

• • A report by The Indian Express says Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded objections at least 14 times in 10 months over decisions concerning electoral-roll management during the Special Intensive Revision (SIR).
  • The objections reportedly concerned Form 6 changes, centralisation of the electoral-roll database, voter deletions/restorations and appeals against voter inclusion.
  • Opposition parties have sought accountability, while the ECI has maintained that its official decisions carry legal sanction and that differences within the Commission are normal.

1. Major Issues Raised

A. Form 6

• • Form 6 is used for registration of new voters.
  • The two Commissioners reportedly objected to an additional SIR-related requirement, calling the change “unauthorised and illegal” and arguing that rules needed amendment.

B. Centralisation of Electoral Data

• • Concerns were raised about state-level Electoral Registration Officers (EROs) allegedly having restricted access to electoral-roll databases.
  • The issue highlights the tension between centralised digital systems and decentralised statutory responsibility.

C. Goa Case

• • The report states that 97 voters found eligible by EROs could not be restored because the software lacked the required functionality to record their decisions.

2. Constitutional & Legal Framework

• • Article 324: Gives the ECI superintendence, direction and control of elections.
  • Under Section 18 of the 2023 Act, Commission business is to be conducted as far as possible unanimously; where Commissioners differ, the majority view prevails.
  • The CEC and Election Commissioners are therefore members of a multi-member constitutional body, rather than a structure where the CEC independently decides every matter.

3. Why It Matters

• • Electoral integrity: Accuracy of voter rolls is fundamental to free and fair elections.
  • Institutional transparency: Major administrative decisions should have clear legal authority and documented procedures.
  • Digital accountability: Software should facilitate, not override, decisions of legally authorised electoral officers.
  • Checks and balances: Internal dissent can function as an institutional safeguard when properly recorded and resolved.

Way Forward

• • Maintain clear audit trails for electoral-roll modifications.
  • Ensure statutory EROs retain legally mandated access and authority.
  • Conduct independent audits of electoral software.
  • Publish reasoned procedures for voter inclusion, deletion and restoration.
  • Strengthen transparency regarding disagreements within the Commission.

Conclusion

The controversy highlights that electoral integrity depends not only on accurate voter rolls but also on transparent institutional processes, legal authority and effective internal checks.