TMC leader Derek O’Brien accused the Modi government of weakening democracy by stopping MPs from discussing the Election Commission in Parliament. He said this move violates Parliament’s powers and ignores past precedents where the ECI was openly debated.
Trinamool Congress Rajya Sabha MP Derek O’Brien has strongly objected to the Central government’s stand that Members of Parliament cannot discuss the Election Commission of India (ECI), calling it a direct attack on the constitutional powers of Parliament.
He said such a position weakens democracy and reduces transparency in the electoral system, especially when Opposition parties are seeking open debate on the functioning and accountability of the poll body.
In a detailed blog post shared on Wednesday night, Derek O’Brien highlighted that for the last two parliamentary sessions, several Opposition parties including Trinamool Congress, Congress, Samajwadi Party, DMK, Aam Aadmi Party, RJD, Shiv Sena (UBT), JMM and others have collectively submitted more than 100 notices asking for a discussion on making the electoral process more transparent and trustworthy.
He clarified that the Opposition is not rigid about which parliamentary rule should be used for the discussion and is also open about how the subject line of the motion is framed.
He questioned the government’s hesitation and said,
“What stopped the Narendra Modi-led coalition from discussing even a notice titled: ’74 Years of General Elections — Celebrating India’s Enduring Democratic Spirit’. Cold feet?”
Derek O’Brien further explained that Parliament has full authority to examine and debate the Election Commission because it approves its budget.
He pointed out that the ECI’s financial allocation is routed through the Ministry of Law and Justice and is subject to parliamentary approval, giving lawmakers the right to scrutinise its functioning.
He said,
“The budget of the ECI… is subject to Parliamentary approval and is presented by the Union government through the Ministry of Law and Justice. This means that Parliament does have the power to scrutinise and discuss the ECI by virtue of holding the power of the purse,”
Calling the government’s refusal deeply problematic, he added,
“It is a violation of the powers of Parliament, therefore, when the government claims that lawmakers who approve the budget of the ECI do not have the right to discuss that institution,”
He also reminded that during both the Budget and Monsoon sessions, the Modi government avoided engaging in any debate on this issue.
According to him, the government’s reason was that parliamentary rules do not permit discussion on constitutional authorities, which he dismissed as baseless.
Reaffirming the Opposition’s stand, he said that in the upcoming Winter Session as well, parties will again push for a discussion on the Election Commission. Urging the Centre to stop avoiding the issue, he stated,
“Instead of hiding behind frivolous excuses, the government must respect the wishes of the citizens of India and participate in a frank and transparent discussion on the ECI,”
Derek O’Brien also pointed out that the government’s argument is not supported by history. He referred to past instances where the Election Commission was openly discussed in Parliament, including the debate on the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.
He criticised the Centre’s position further by saying,
“Therefore, it is ridiculous for the government to claim that ‘ECI cannot be discussed in Parliament’ when precedent shows that the poll body was discussed for seven hours combined, in Lok Sabha and Rajya Sabha, as recently as December 2023,”
During the Monsoon Session, when Opposition parties demanded discussion on the Special Intensive Revision of electoral rolls, Parliamentary Affairs Minister Kiren Rijiju cited an old ruling by former Lok Sabha Speaker Balram Jakhar to justify why Parliament could not debate the functioning of the Election Commission.
O’Brien concluded by saying that ultimately it should be the presiding officers of both Houses to decide whether such a discussion can take place, not the government imposing restrictions.
He reiterated that transparency and accountability of constitutional bodies like the ECI are essential for protecting India’s democratic framework and voter trust, and Parliament must not be silenced on such critical matters.
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