Former Supreme Court Judge Calls for Constitutional Safeguards for the Election Commission's Independence
Former Supreme Court judge Justice Kurian Joseph said the rules for appointing the Election Commission of India (ECI) and its service conditions should be written into the Constitution itself, instead of being left to a law made by Parliament.
He said this would give a stronger safeguard (protection) for the ECI's integrity and independence. He made the remarks at a discussion in Kerala on whether the ECI's independence has been compromised, organised by a lawyers' association.
He also said that constitutional courts, especially the Supreme Court, are the guardians of the Constitution and must act firmly to protect the independence of high constitutional bodies.
Former Kerala High Court judge Justice K. Balakrishnan Nair said that the removal of names from the voter lists after the Special Intensive Revision (SIR) did not follow the principles of natural justice (basic rules of fair procedure), because the required procedures were not followed.
A group of young people also held a protest in Kochi over alleged mass deletions of voters and other irregularities.
Appointment and Removal of the Chief Election Commissioner and Election Commissioners
The Election Commission of India is led by a Chief Election Commissioner (CEC) and, at present, two Election Commissioners (ECs). Article 324(2) of the Constitution says the President appoints them, but "subject to" any law made by Parliament. For decades there was no such law, so the President appointed them on the advice of the government. In 2023, after a Supreme Court judgment, Parliament passed a law that now sets out the appointment process. The Constitution itself gives the CEC strong protection from removal, but it does not fix how members are chosen.
Justice Kurian Joseph's point is that the appointment process today rests on an ordinary law that Parliament can change by simple majority. If the process were written into Article 324 itself, it could be changed only by a constitutional amendment, which needs a special majority. This, he argued, would better protect the ECI's independence.
Special Intensive Revision (SIR) of Electoral Rolls
An electoral roll is the official list of voters in a constituency, and only people on it can vote. A Special Intensive Revision (SIR) is a very detailed check in which this list is rebuilt almost from scratch. Officials go house to house, collect forms from voters and check who is eligible. Names of people who have died, moved away, are listed twice or are not eligible are removed, and new eligible voters are added.
Justice Balakrishnan Nair's criticism is about how names were removed during the SIR. His argument is that deletions must follow the procedure in the law and the rules, including giving the voter a chance to respond before the name is struck off.
Principles of Natural Justice: Audi Alteram Partem and the Rule Against Bias
Natural justice is a set of basic rules of fairness that every authority must follow when it takes a decision that harms a person. The first rule is "hear the other side" (audi alteram partem): a person must get notice and a fair chance to reply before a decision is taken against them. The second rule is that no one should be a judge in their own case (nemo judex in causa sua), which means the decision-maker must be free from bias. These rules are not written in one place, but Indian courts read them into Article 14 and Article 21.
The claim that SIR deletions violated natural justice means that, in the critics' view, voters were removed without proper notice or a fair hearing. Since the right to vote depends on being on the roll, the "hear the other side" rule matters greatly in voter deletions.
- Article 324: Election Commission of India; Article 324(2): appointment by the President subject to law made by Parliament
- Article 324(5): CEC removable only like a Supreme Court judge; ECs removable only on the CEC's recommendation
- Anoop Baranwal v. Union of India: 2 March 2023, five-judge bench; interim committee of PM, Leader of the Opposition and CJI
- CEC and Other ECs Act, 2023: selection committee of PM, Leader of the Opposition and a Union Cabinet Minister; term of 6 years or age 65
- Gyanesh Kumar: first CEC appointed under the 2023 Act (February 2025)
- SIR Phase 2 announced on 27 October 2025 for 12 states and UTs, including Kerala
- Kerala final roll (21 February 2026): about 2.69 crore voters
- Section 22, RPA 1950 and Rule 21A, Registration of Electors Rules, 1960: hearing required before deleting a voter's name