Election neutrality now surreal, no longer free and fair in India

Recently, Parliament witnessed a heated protest by opposition MPs against what they termed the government’s attempt to “slaughter democracy” through the prestigious Election Commission of India. Satirically, they demanded “One Person, One Vote” before “One Nation, One Election,” highlighting concerns over electoral fairness and democratic integrity. The agitation culminated in dramatic scenes, with several MPs being detained by police outside the Parliament complex, underscoring deepening tensions over the future of India’s democratic framework.

For decades, the Indian election was hailed as nothing short of a miracle. In the decades after independence, when many newly decolonised nations slid into dictatorship, India continued to hold regular elections, vast, complex, and mostly peaceful, with results accepted by both winners and losers. The world marvelled that a country of such staggering size and diversity could pull off this exercise with credibility.

It was not just the spectacle of millions of eligible voters or the intricate ballet of polling officials, ballot boxes, and later electronic voting machines. It was the moral authority of the Election Commission of India (ECI), an institution once regarded as incorruptible. Recent, shocking statements by the Leader of the Opposition alleging fraudulent activities by the ECI have punctured the aura of neutrality that took decades to build. Whether these allegations prove to be fact or political theatre, the damage to public trust is undeniable, and that trust was the lifeblood of any democracy.

From Seshan’s Iron Hand to Today’s Fragile Faith

There was a time when the name of the Chief Election Commissioner could inspire fear in politicians and respect among citizens. That time was the 1990s, and the man was T.N. Seshan. Even though the parties accepted the results, before Seshan, elections in India were often marred by booth capturing, rampant misuse of government machinery, money power, and a casual disregard for the Model Code of Conduct.

Seshan changed that. He made the Code more than just a piece of paper. He enforced voter identification, clamped down on campaign excesses, ensured transparency, and introduced measures that forced even the most powerful political leaders to think twice before violating the rules. Government convoys were stripped of privilege, loudspeakers were silenced after campaign hours, and election dates were guarded like state secrets to prevent misuse. He treated the ECI as an institution above political parties, which should be, and in doing so, he restored the belief that the playing field could be level.

That independence, once considered the gold standard, is now in question. The Opposition alleges that the ECI today is more reluctant to act against ruling parties, more willing to turn a blind eye to violations, and less transparent in its decisions.

Part of the global awe for Indian elections has always come from their logistical audacity. Polling officials have even trekked through Himalayan snow, crossed rivers, and ventured deep into insurgency-affected jungles to set up a single polling station for just a handful of voters. Boats, helicopters, camels, and elephants have all been used to transport Electronic Voting Machines to the most remote corners.

In the past, such stories were held up as proof of the ECI’s devotion to every citizen’s right to vote. But today, citizens ask: What use is the Herculean effort to reach every corner if the fairness of the process itself is in doubt?

The Allegations That Cannot Be Ignored

Technology was supposed to bolster confidence. EVMs, and later VVPAT paper trails, were meant to make counting faster and tamper-proof. But now it seems to be threatening the very essence of the country, even by forging the voting list itself. Recently, the Leader of the Opposition has made grave claims with ECI’s documents, that the ECI has acted in ways that directly favour the ruling party.

The very base of the institution, that is, the appointment of Election Commissioners itself, questions the independence of the institution. The appointment of the Chief Election Commissioner and Election Commissioners must be wrested from exclusive executive control and placed in the hands of an independent, multi-party selection panel to prevent political capture. Or at least the transparent previous mode.

These are not minor accusations. The Election Commission of India, by design, is meant to be the final neutral referee in a contest where every other institution may be politicised. If that referee is suspected of bias, the entire match is tainted, regardless of the score.

When Election Commissions Fail: Lessons from Abroad

History offers grim warnings about what happens when electoral commissions become partisan or lose legitimacy.

Every Indian knows that, in Pakistan, flawed elections in 1970 and the perceived partiality of the election authority helped trigger a chain of events leading to civil war and the secession of Bangladesh. The years that followed saw repeated military takeovers, each justified by the claim that civilian politics had been corrupted.

In Bangladesh itself, controversies over the neutrality of the Election Commission led to opposition boycotts in 2014 and violent unrest in 2018. In Zimbabwe, under Robert Mugabe, offers another cautionary tale. The election commission, widely seen as aligned with the ruling ZANU-PF, presided over manipulated counts, intimidation, and delayed results. And in Venezuela, the National Electoral Council became an instrument of the ruling elite, enabling Hugo Chávez and later Nicolás Maduro to entrench themselves while still holding elections. The ballot became a tool of authoritarianism rather than its safeguard.

The lesson is brutally simple: once the body conducting elections loses independence, the erosion of democracy is swift and often irreversible.

The Only Way Forward

This belief was painstakingly built over decades, particularly in the years after T.N. Seshan, T.S. Krishnamurthy, and many others who redefined the Election Commission’s role. Nowadays, people in the country are widely criticising the existence of the renowned institution. If the ECI becomes a body that large sections of the public see as compromised, India risks joining the ranks of countries where elections exist only as a façade. The world’s largest democracy could become the world’s largest illusion.

The recent allegations must be addressed with utmost transparency. It is not enough for the ECI to issue bland denials or hide behind procedural walls. Every complaint must be investigated openly, every decision explained clearly, and every safeguard demonstrated beyond doubt.

This is not about appeasing political parties. It is about protecting the one institution that stands between India’s democracy and its decay. If that commitment falters, the miracle will not end with a dramatic collapse. It will fade slowly, until one day, the act of voting will be as hollow in India as it is in so many nations that once called themselves democracies. And by then, it will be too late to save.

(Adv. Nabeel Kolothumthodi is the Parliamentary Secretary to a Lok Sabha MP and an alumnus of the Faculty of Law, University of Delhi)