Election Commissioners’ letters to the Cabinet Secretary: what the RTI reply reveals about the ECI

EC letters: what happened?

When two members of a three-member constitutional body write to the government about their own secretariat, it tells you something about how the body runs inside.

• 29 Jul 2026: ECs Sandhu and Joshi wrote to the Cabinet Secretary about Senior DEC Maneesh Garg’s order on work allocation of ‘equivalent and senior officers’.
• 3–4 Aug: the Cabinet Secretariat first considered seeking the CEC’s opinion, then noted the letters were in an ‘individual capacity’, not from the Commission as a whole.
• 5 Aug: the Cabinet Secretary only acknowledged the letters, with a copy to CEC Gyanesh Kumar ‘for information’, and a copy to DoPT.
• The RTI was filed by Commodore (retd) Lokesh Batra; it is unclear whether the CEC responded.

What is the Election Commission of India?

• A permanent constitutional body under Article 324 that superintends, directs and controls elections to Parliament, State legislatures, President and Vice-President.
• Single-member till 1989; multi-member since 1993, with a CEC and two ECs.
• Decisions are by majority, as upheld in T.N. Seshan v. Union of India (1995).
• Its secretariat has Deputy Election Commissioners and Directors General; senior officers are often IAS officers on deputation.

How are the CEC and ECs protected?

What is the constitutional angle?

• Article 324(2): the President appoints the CEC and ECs, subject to law made by Parliament.
• Anoop Baranwal v. Union of India (2023): the Court asked for a selection panel till Parliament made a law.
• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 now governs appointments.
• The Cabinet Secretariat’s note says the Commission is ‘insulated from executive interference by design’.

What are the challenges?

• No public rules on how work is divided among the CEC, ECs and the secretariat.
• ECs’ weaker removal protection can make them hesitant to dissent.
• Members writing to the executive blurs the line the Constitution draws.
• Public trust suffers when internal disagreements surface through RTI.

What should be done?

• Frame written rules of business for the Commission, including work allocation.
• Give ECs the same removal protection as the CEC, as many committees have suggested.
• Record dissent in Commission decisions.
• Give the Commission its own secretariat cadre, as the Goswami Committee and others proposed.

What can Prelims ask on the Election Commission?

• Article 324: superintendence, direction and control of elections.
• Multi-member Commission since 1 October 1993.
• T.N. Seshan v. Union of India (1995): majority decisions.
• Anoop Baranwal (2023) and the 2023 Act on appointments.
• The ECI does not conduct panchayat and municipal polls; State Election Commissions (Article 243K) do.

How to write about ECI independence in Mains

Practice question (15 marks, 250 words): Examine the safeguards for the independence of the Election Commission of India and suggest reforms to strengthen its collective functioning. (GS-II)

• Intro: the July 2026 letters and the RTI reply.
• Safeguards: Article 324, removal protection, Seshan (1995).
• Gaps: no rules of business; unequal protection for ECs.
• Reforms: written rules, equal protection, own secretariat.
• Conclusion: credibility rests on both independence and internal clarity.