I had the occasion to interact with highly educated people, and to my surprise, I found that most of them believe Modi came to power because of software manipulation—and that too with the aid of Chief Election Commissioner Gyanesh Kumar. The fact that Gyanesh Kumar was appointed in 2025, while the general elections were held in 2024, is often unnoticed. Misinformation is, therefore, a major issue. Furthermore, the Modi government itself is responsible to a large measure for this current unfortunate state of affairs.
The courts have no power to legislate, but Justice K.M. Joseph did exactly that. The bench held that until Parliament makes a law, the Chief Election Commissioner and Election Commissioners shall be appointed by a committee consisting of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.
How can the Chief Justice be a member of such a committee? Judges should have nothing to do with governance; their job is the adjudication of disputes. That is the fundamental concept of the separation of powers.
The government also made a grave error in providing for a committee consisting of the Prime Minister, a Cabinet Minister appointed by the Prime Minister himself, and the Leader of the Opposition. Instead of that Minister, it should have been an independent third person.
Alternatively, the law could have provided that the Prime Minister and the Leader of the Opposition jointly select the Election Commissioners if they can reach a consensus. If they fail to agree, they could appoint a third member. But if they are unable to agree even on that third member, what is to be done?
In that scenario, one option might be the Vice President or the Speaker of the Lok Sabha. However, there is a widespread perception that neither of them can be truly independent, as they are nominees of the ruling government. That this perception may be true to an extent is an unfortunate reality. So, what else can be done?
What I have been considering instead is the last occupant of the office of the President, or, if that individual is unavailable, whichever former President is surviving.
This issue needs to be thoroughly addressed. Opposition parties and even lawyers who ought to know basic jurisprudence argue that the Chief Justice should be part of the selection committee. That is absurd and directly violates the basic principle of the separation of powers. This is what requires meaningful discussion, and I hope that when all of us put our heads together, a proper solution is possible.
11th October 2026