Conflict and consensus in the ECI's functioning, Pg16

Key Highlights:

• An investigation revealed that two Election Commissioners recorded objections at least 14 times in 10 months.
• The Election Commission of India (ECI) stated that its decisions have been unanimous, considering objections as part of the deliberative process.
• The ECI functions as a three-member body, with the Chief Election Commissioner (CEC) and two Election Commissioners (ECs) having equal voting power.

Detailed Insights:

• The ECI derives its powers from Article 324 of the Constitution, which mandates its role in supervising elections.
• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, governs the decision-making process.
• Section 18 of the Act states that ECI business should be transacted unanimously, or by majority opinion if differences arise.
• Historically, dissent has occurred, such as clashes between CEC T.N. Seshan and other ECs in the 1990s.
• The Supreme Court's ruling in T.N. Seshan vs. Union of India (1995) affirmed the equal status of all three members.
• Former EC Ashok Lavasa had recorded dissent notes regarding Model Code of Conduct violations in 2019.
• Recent objections by ECs Sukhbir Singh Sandhu and Vivek Joshi concerned IT infrastructure and voter enrolment forms.
• The ECI differentiates between "observations" made during deliberations and the final "unanimous decisions."

Key Concepts Involved:

• Election Commission of India (ECI): An autonomous constitutional body responsible for administering election processes in India.
• Article 324: Constitutional provision empowering the ECI with superintendence, direction, and control of elections.
• Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: Legislation governing the appointment, service conditions, and decision-making procedures of the ECI members.