Arun Goel’s resignation as an Election Commissioner is not an ordinary thing if we look at the systemic weakening of the ECI under PM Narendra Modi’s regime, especially since 2018, ie just before the Lok Sabha election 2019. Election Commission is now left with only Chief Election Commissioner (CEC) Rajiv Kumar, the only Election Commissioner who is legally protected under law from removal except by impeachment. The recently enacted Chief Election Commissioner and other Election Commissioners (Appointment Conditions of Service and terms of Office) Act 2023 does not provide any such protection to other two election commissioners, who can be removed by the recommendation of CEC.

Arun Goel’s resignation is perhaps the first casualty after the enactment of the new law. It has been already reported that serious differences cropped up between the CEC Rajiv Kumar and EC Arun Goel in Kolkata when they were visiting West Bengal to look into the poll preparedness. EC Arun Goel then returned to Delhi, and CEC alone addressed a press conference there. The differences were too great to be patched up, and hence EC Arun Goel suffered a fear psychosis with only two options before him – either to be humiliatingly removed by CEC or honourably quit on his own. Arun Goel chose the second option. In any authoritarian set up, such things happen, as we have seen after the release of the first list of BJP candidates, when several of party’s MPs and Ministers, after denial of tickets just silently left the political scene. Arun Goel also quietly left the Election Commission.

Opposition has even more serious suspicions of political and administrative intrigue both in appointment and resignations of Arun Goel. The way he was appointed Election Commissioner on November 19, 2022, after his resignation a day before, had already labelled him PM Modi’s man that had sparked great controversy and Supreme Court of India’s criticism. Nevertheless, several opposition leaders have expressed their wonder and asked – What the government wanted him to do which Arun Goel was not ready to do as Election Commissioner, rather opted to resign?

Election Commission has a history of resignation of an Election Commissioner Ashok Lavasa who suffered unbearable administrative pressure in 2019 after he gave a dissenting opinion on ECs ruling on complaints against Prime Minister Narendra Modi and Amit Shah on violation of Model Code of Conduct for election. ECs majority ruling had given them clean cheat, while Ashok Lavasa disagreed. He soon stopped attending meetings, saying “minority decisions” were being “suppressed in a manner contrary to well-established conventions observed by multi-member statutory bodies.” Thereafter, Income Tax Department issued notices to his wife over alleged discrepancies in income and foreign exchange for a period prior to appointment of Mr Lavasa as Election Commissioners. The question is still unanswered why actions were not taken before his appointment as Election Commissioner and why such actions were initiated after Mr Lavasa dissented on giving clean chit to PM Modi and Amit Shat in violation of Model Code of Conduct Case, which included hate speech.

Hate speech has already emerged as top concern for Lok Sabha election 2024, and India Hate Lab report has termed this year as a “critical year”. Election Commission is expected to rise to the occasion to rein in political players in this regard especially the ruling BJP and its top leaders, which would be challenging for the Election Commission, in the given background of Mr Lavasa’s case. Opposition political parties have been alleging that Election Commission takes sides with the ruling establishment while takes prompt action against them.

There are other episodes of concerns too relating to Election Commission. Opposition has been alleging Modi government as an executive’s tool and its Constitutional independence have been subjugated. In this connection, the November 16, 2021 incident is frequently quoted when the CEC along with two ECs met Prime Minister in his Office. PMO later clarified it was an “informal interaction”. It should be noted that the “informal interaction” had taken place a day after the electoral body received a letter from an official of the Union Ministry of law under which Election Commission is administratively placed. It was written in the letter that Prime Minister Narendra Modi’s Principal Secretary will preside over a meeting on a common electoral roll and “expects CEC” to attend it.

The story of undue pressure of Modi government on Election Commission does not end here. In August 2023, a research paper published by an Assistant Professor Sabyasachi Das had found “irregular pattern” indicating manipulation on 2019 Lok Sabha election results and involvement of even “electoral officials”. EVM manipulation was also suspected, and therefore the opposition INDIA alliance has demanded supplying of VVPATs to all voters so that they can find if the machine polled correctly, and also counting of all VVPATs and tallying with EVM votes. Election Commission has not yet given the opposition even time to meet, which is raising the mystery around the “impartial functioning” of the EC.

Modi government’s new law relating to appointment of CEC and other ECs has also inbuilt 2-1 skew making the government all-powerful, especially after exclusion of Chief Justice of India from the appointment process. Since the two ECs will not have constitutional protection from removal, the executive will be calling the shots in matter of elections also. Now, a plea has been filed in the Supreme Court to restrain Union government from appointing ECs under the new law at a time when it has been reported that the Centre may appoint two ECs by March 15.

Another development relating to Election Commission is the publication of the donors under Electoral Bond Scheme and beneficiary political parties. SBI has requested the Supreme Court for time beyond election to make the list of donors and beneficiaries, while 80 retired Civil Servants have urged EC not to announce poll dates before publication of the list. It must also be noted that after initial objection to the Electoral Bond scheme, Election Commission had to bow down before the ruling establishments into acceptance of the scheme, which the Supreme Court of India has recently declared unconstitutional, and ordered SBI to provide the list by March 6. Modi government has been alleged of using SBI so that it can conceal the murky deals under Electoral Bond Scheme, which is labeled by opposition as the mother of all scams.

Election Commissioners or other electoral officers may be under threat of action by the Central agencies is now a genuine suspicion, as former EC Lavasa suffered, and in such condition Election Commission will need to muster courage not only to protect itself but also the opposition political parties and their leaders who are being summoned, raided, arrested, and seizures made from their premises, apart from freezing of limiting their bank accounts only to disrupt their political campaigns and their effectiveness. Administrative, money, and muscle power must not be allowed to distort the level playing field for all political parties. There are many more challenges lying ahead for Election Commission of India. (IPA Service)