In other words, Gyanesh Kumar, the chief election commissioner, does not constitute the commission by himself. The other two commissioners could convene a meeting of the commission, if they wanted. The fact that they apparently did not and the commission comprising the three commissioners did not meet even once in four months, between May and August, 2026 is troubling and raises questions about the commissionās functioning.
The Indian Express report stated, āā¦in a radical departure from the norm, Joshi and Sandhu wrote separately to the cabinet secretary complaining about changes in work allocation that, in effect, removed a layer of oversight of the IT backbone for the electoral rolls. They made it clear: these changes had been done without their knowledge and they struck them downā¦it was after this, on 9 September, that the CEC and the two ECs met, their first full meeting in four monthsā¦ā
The āPress Noteā does not refute the report or explain why the ācommissionā failed to met even once in four months when SIR was being rolled out in large parts of the country. What is even more intriguing is why the two dissenting commissioners flagged an administrative issue to the cabinet secretary. The Indian Express report mentions that the two commissioners wrote separately to the cabinet secretary to red flag an āillegalā office order divesting a deputy election commissioner from his oversight function of the IT Division. The day after the Commissioners wrote to the Cabinet Secretary, they reportedly struck down the office order and restored the status quo ātill the commission takes a decisionā. Did they act on the advice of the cabinet secretary?
On paper the Election Commission is a constitutional body which is independent of the government. The commissioners, if they had a problem, should have written to the President of India, not the cabinet secretary, it has been pointed out. As a former CEC T.N. Seshan once famously said, he worked for the Government but he was not āunderā the government. That fine distinction does not appear to hold as the Union government decides the budget of the commission, approves appointments and deputation of officers from the government to the commission and approves all contracts and outsourcing by the commission. The ācomplaintā or āappealā to the cabinet secretary, therefore, unwittingly reveals the control the government exercises over the commission.