A confrontation that reshaped the Election Commission, Pg11

Key Highlights:

• In October 1993, the Election Commission of India (ECI) was transformed from a single-member body to a multi-member body by an ordinance issued by the President.
• Two new Election Commissioners (ECs), M.S. Gill and G.V.G. Krishnamurty, were appointed alongside the then Chief Election Commissioner (CEC), T.N. Seshan.
• The ordinance stipulated that the ECI's decisions would be made unanimously or, failing that, by majority vote.
• T.N. Seshan challenged these appointments and the ordinance, arguing for the CEC's superior authority.
• The Supreme Court in July 1995 upheld the multi-member structure, ruling that the CEC's stronger protection against removal did not grant superior decision-making power.

Detailed Insights:

• Prior to 1993, the ECI largely functioned as a single-member body, except for a brief period in October 1989.
• Article 324 of the Constitution provides for a CEC and "such number of other Election Commissioners" as the President may fix.
• T.N. Seshan had significantly enhanced the ECI's public profile and assertiveness in electoral conduct.
• The Supreme Court had previously ruled in 1991 (in the S.S. Dhanoa case) that while a CEC was obligatory, additional ECs were not.
• Seshan's argument highlighted the CEC's removal process, which is similar to that of a Supreme Court judge, unlike other ECs who can be removed on the CEC's recommendation.
• A five-judge Constitution Bench led by Chief Justice A.M. Ahmadi delivered the landmark 1995 judgment.
• The ruling established the CEC as "primus inter pares" (first among equals) within the multi-member ECI.
• This judgment ensured that the ECI's strength would depend on its collective authority rather than solely on the CEC's individual power.

Key Concepts Involved:

• Election Commission of India (ECI): An autonomous constitutional body responsible for administering election processes in India.
• Chief Election Commissioner (CEC): The head of the Election Commission of India, appointed by the President.
• Election Commissioners (ECs): Other members of the Election Commission of India who, along with the CEC, collectively make decisions.
• Article 324 of the Constitution: The constitutional provision that establishes the Election Commission and outlines its powers and composition.
• Ordinance: A law promulgated by the President of India when Parliament is not in session, having the same force as an Act of Parliament.
• Constitution Bench: A bench of the Supreme Court comprising five or more judges, constituted to decide substantial questions of law concerning the interpretation of the Constitution.
• Primus inter pares: A Latin phrase meaning "first among equals," describing the CEC's position within the multi-member ECI.