The destruction of our democracy has been a quiet affair. While everyone is distracted with a commotion elsewhere, the ruling government sneaks in anti- democratic laws through the back door. The mass suspension of 146 opposition MPs in our so-called largest democracy is one such commotion that has allowed the passage of several bills with absent resistance. One of the most insidious of these was an expansion of the government’s power over elections through the passage of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.
Earlier in the year in Anoop Baranwal vs the Union of India (2023) the Supreme Court had ordered that creation of a selection committee to regulate appointments to the Election Commission of India. This would deal primarily with the appointment of the Chief Election Commissioner and the state wise Election Commissioners. In the ruling the Supreme Court ruled that this committee should be made up of the Chief Justice of India, the Prime Minister and Leader of the Opposition, who would present a list of candidates to the President who would make the final decision. This process was formulated because of a lack of clarity in the previous bill regarding appointments. The process laid out by the supreme court ensured that every branch of government had a say, aligning to the principle of separation of powers.The suspension of opposition MPs provided the perfect opportunity for the BJP to pass their replacement for the SC’s ruling which conveniently removed the Chief justice from the selection committee, replacing them with a Union Minister selected by the Prime Minister effectively handing control over ECI appointments to the ruling party. This blatant power grab is a worrying sign as we enter a heated election year. How can any election held from this point onwards be “democratic” if the selection of those who conduct it is disproportionately in the hands of the Legislative? How are our institutions democratic if such power grabbing can be allowed at all?
A democratic society has separation of powers for a reason. To not allow any one arm of government to get too powerful. Sadly, the passing of such bills is simply a symptom of a chronic disease that is slowly killing our democracy. Slowly weakening institutions and stripping power from the people. Now is not the time to be indifferent and faint hearted. If we are to save what little power the people have in our “great democracy” we must not be afraid to fight. With our vote, with our voices and with the strength of the toiling masses. Or one day we’ll wake up and it will be too late.
