Election Commission risks losing credibility, warns SC advocate Sanjay Hegde

Supreme Court advocate Sanjay Hegde on Saturday raised concerns over the credibility of the Election Commission of India, cautioning that the institution is increasingly being viewed as partisan.

Speaking at ‘Gauri Day 2025’ on ‘SER and the role of Election Commission of India: Is democracy in peril?’ in Bengaluru, Mr. Hegde said that instead of leaning towards voter inclusion, the Election Commission “appeared more focused on exclusions that disproportionately affect minorities and the poor.”

“An Election Commission bent on striking off names is bound to disenfranchise large sections of undocumented and vulnerable citizens,” he said, adding that this undermines trust in the fairness of elections.

Pointing out that the credibility of the Commission has historically been the backbone of India’s democratic resilience, he criticised the current system of appointing Election Commissioners, where the government retains decisive control, despite the Supreme Court recommending the inclusion of the Chief Justice of India in the process. “If the Commission is seen as partisan, the public will view elections as a fixed match,” Mr. Hegde warned.

Journalist Dinesh Amin Mattu described the current controversies surrounding electoral processes as “symptoms” of a deeper malaise within India’s election system. Speaking on electoral accountability, he noted that while debates once centred on EVMs and now on voter rolls, the underlying problem was the lack of structural reform.

“The real issue is not just in Bihar or elsewhere; it is the larger disease that has crept into the system,” Mr. Mattu said.

In the panel discussion that followed, activists and civil society representatives voiced concerns over large-scale exclusions from electoral rolls in Bihar and the continuing uncertainty around the National Register of Citizens (NRC) in Assam.

Participants flagged the notification of a “special intensive revision” of voter lists in Bihar as deeply flawed, noting that it seeks to weed out “illegal immigrants” — a mandate that goes beyond the Election Commission’s role. Concerns were also raised about privileging certain groups such as bureaucrats and sportspersons while subjecting ordinary citizens, especially minorities, women, and migrant workers, to scrutiny.

Civil rights activists Teesta Setalvad and Tara Rao, among other experts, were part of the panel.