SC Had Warned Against Leaving EC’s Powers In The Hands Of One Person, Pg7

Key Highlights:

• The Supreme Court, in S.S. Dhanoa versus Union of India (1991), warned against concentrating the Election Commission of India's (ECI) powers in a single individual, stating it would violate democratic rule.
• The apex court emphasized that a Chief Election Commissioner (CEC) acting unilaterally would render other Election Commissioners (ECs) "non-functional or ornamental".
• The T.N. Seshan case (1995) upheld the multi-member structure of the ECI, affirming that the CEC does not hold superior powers over other ECs.
• The Chief Election Commissioner and Other Election Commissioners Act, 2023, mandates that the ECI conduct its business unanimously or by majority consensus, reflecting the spirit of these judgments.

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Detailed Insights:

• The Supreme Court's observations highlighted the importance of a collegial and multi-member ECI for safeguarding democracy.
• The court reasoned that vast discretionary powers, with minimal checks and balances, should not be entrusted to a single individual.
• The T.N. Seshan judgment clarified that Election Commissioners are integral to the ECI and must have an equal say in decision-making, rejecting the idea of their role being merely advisory.
• The 1995 ruling established that the CEC functions as the chairman, but not as a supreme authority, with decisions made through consensus or majority vote.
• The Chief Election Commissioner and Other Election Commissioners Act, 2023, provides a statutory framework for the appointment, tenure, and service conditions of the CEC and ECs.
• This Act replaced the earlier convention-based appointment process and aims to give legislative effect to Article 324(2) of the Constitution.

Key Concepts Involved:

• Election Commission of India (ECI): A constitutional body responsible for conducting free and fair elections to Parliament, State Legislatures, and the offices of President and Vice-President.
• Chief Election Commissioner (CEC): The head of the Election Commission of India, appointed by the President, who chairs the multi-member body.
• Election Commissioners (ECs): Other members of the Election Commission of India who, along with the CEC, collectively make decisions regarding electoral processes.
• S.S. Dhanoa versus Union of India (1991): A Supreme Court case that emphasized the need for a multi-member ECI to prevent concentration of power.
• T.N. Seshan case (1995): A landmark Supreme Court judgment that upheld the multi-member structure of the ECI and established the equality of powers among the CEC and ECs.
• Chief Election Commissioner and Other Election Commissioners Act, 2023: A parliamentary law that provides a statutory framework for the appointment, conditions of service, and transaction of business for the CEC and ECs.