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Cabinet Secretariat cites constitutional concerns in EC complaint inaction

An RTI disclosure reveals that India's Cabinet Secretariat refrained from acting on a formal complaint from Election Commissioners, citing lack of official commission-wide authorization and concerns about interfering with a constitutional body's functioning.

LSN India · 22 October 2026

Cabinet Secretariat cites constitutional concerns in EC complaint inaction

The Cabinet Secretariat has justified its decision not to take action on a complaint lodged by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, according to information obtained through a Right to Information application.

The secretariat stated that without an official communication from the entire Election Commission, pursuing the matter at that administrative level would be inappropriate. Officials noted that intervention could potentially be construed as governmental interference in the functioning of a constitutionally autonomous institution.

The response underscores the complex relationship between executive bodies and the Election Commission, an independent constitutional authority responsible for overseeing electoral processes across India. The secretariat's position reflects concerns about maintaining institutional boundaries and the autonomy guaranteed to the Commission under the Indian Constitution.

RTI applications have increasingly been used to track the status and processing of formal complaints within government systems. The disclosure in this case highlights administrative procedures followed when complaints involve constitutional bodies with independent mandates.

The nature of the original complaint and its resolution through other channels, if any, remains a matter of public interest given the Commission's crucial role in safeguarding electoral integrity.