Supreme Court to Hear Plea Against CEC’s Suspension & SIR Validity

30 Sep Supreme Court to Hear Plea Against CEC’s Suspension & SIR Validity

✎ The Election Commission of India functions as a multi-member body under Article 324, and its decisions must reflect collective responsibility to uphold constitutional integrity and prevent unilateral actions.

Subject Relevance — Where This Topic Fits

• GS Paper II — Polity and Governance — Constitutional Bodies  |  GS Paper II — Polity and Governance — Electoral Reforms
• Prelims: Article 324, Chief Election Commissioner, Election Commission of India, Special Intensive Revision (SIR), Electoral Rolls, Constitutional Provisions on Collective Decision-Making
• Essay: The Role of Independent Constitutional Bodies in Democratic Governance, Balancing Individual Authority and Collective Responsibility in Public Institutions

Quick Revision: The Election Commission of India functions as a multi-member body under Article 324, and its decisions must reflect collective responsibility to uphold constitutional integrity and prevent unilateral actions.

Why is this in the news?

The Supreme Court is set to hear a petition seeking the suspension of the Chief Election Commissioner (CEC) and the annulment of decisions taken unilaterally, including the Special Intensive Revision (SIR) of electoral rolls. The petition alleges that the CEC acted without the concurrence of the other Election Commissioners, raising critical questions about the constitutional framework governing the Election Commission’s decision-making process under Article 324 of the Constitution.

Background

• The Election Commission of India (ECI) is a constitutional body established under Article 324 to supervise, direct, and control the conduct of elections to Parliament, State Legislatures, and the offices of the President and Vice-President.
• The ECI consists of the Chief Election Commissioner (CEC) and two Election Commissioners (ECs), all appointed by the President of India under Article 324(2).
• The Special Intensive Revision (SIR) of electoral rolls is a statutory process under the Representation of the People Act, 1950, aimed at updating voter rolls with a focus on inclusivity and accuracy.
• The petitioner alleges that 14 decisions, including those related to SIR, were taken in the name of the ECI despite recorded objections by the two other Election Commissioners, S S Sandhu and Vivek Joshi.
• The CEC has countered that all decisions were taken unanimously, highlighting the need for judicial clarity on the interpretation of Article 324(2) regarding collective decision-making.

What is the Constitutional Framework Governing the Election Commission?

• The Election Commission of India (ECI) is a permanent constitutional body established under Article 324 of the Constitution, tasked with the superintendence, direction, and control of elections.
• Article 324(2) stipulates that the ECI shall consist of the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs) as the President may fix from time to time. Currently, the ECI operates as a three-member body.
• The CEC and ECs are appointed by the President under Article 324(2), and their terms and conditions of service are determined by Parliament via the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
• Article 324(4) empowers the President to make provisions for the appointment of Regional Commissioners to assist the ECI, further decentralizing electoral oversight.
• The Representation of the People Act, 1950, and the Representation of the People Act, 1951, provide the statutory framework for electoral rolls, voter registration, and the conduct of elections, including the Special Intensive Revision (SIR) process.
• The principle of collective responsibility in the ECI ensures that major decisions are taken with the concurrence of all members, thereby preventing arbitrary exercises of power.

UPSC Value Addition

Prelims Practice Questions

Q1. Consider the following statements regarding the Election Commission of India (ECI):
1. The ECI is a multi-member body consisting of the Chief Election Commissioner (CEC) and two Election Commissioners.
2. The CEC holds the same powers as the Election Commissioners and can act unilaterally in all matters.
3. The ECI is responsible for the preparation and revision of electoral rolls and the conduct of elections to Parliament and State Legislatures.
4. The CEC can be removed from office only through a process similar to that of a Supreme Court judge.

How many of the above statements are correct?

1. Only one
2. Only two
3. Only three
4. All four

Answer: Only three — Statements 1, 3, and 4 are correct. Statement 2 is incorrect because the CEC does not have unilateral powers; decisions are taken collectively by the ECI under Article 324(2) of the Constitution.

Q2. Assertion (A): The Chief Election Commissioner (CEC) can take decisions unilaterally in matters pertaining to the Election Commission of India (ECI).
Reason (R): The CEC is the head of the ECI and, as such, holds overriding authority over the Election Commissioners.

In the context of the above statements, which of the following is correct?

1. Both A and R are true, and R is the correct explanation of A.
2. Both A and R are true, but R is not the correct explanation of A.
3. A is true, but R is false.
4. A is false, but R is true.

Answer: A is false, but R is true. — Assertion (A) is false because the CEC does not have unilateral decision-making power; decisions are taken collectively by the ECI. Reason (R) is also false as the CEC does not hold overriding authority over the Election Commissioners.

Q3. Match the following provisions with their correct descriptions:

Column I (Provision) | Column II (Description)
— | —
A. Article 324(1) | 1. Provides for the removal of the CEC and Election Commissioners
B. Article 324(2) | 2. Vests the superintendence, direction, and control of elections in the ECI
C. Article 324(5) | 3. Specifies the conditions of service and tenure of the CEC and Election Commissioners
D. Article 329 | 4. Bars interference by courts in electoral matters once the electoral process has commenced

Select the correct match:

1. A-2, B-1, C-3, D-4
2. A-2, B-3, C-1, D-4
3. A-1, B-2, C-3, D-4
4. A-3, B-2, C-4, D-1

Answer: A-2, B-1, C-3, D-4 — Correct matches: A-2 (Article 324(1) vests superintendence, direction, and control of elections in the ECI), B-3 (Article 324(2) specifies conditions of service and tenure), C-1 (Article 324(5) provides for removal), D-4 (Article 329 bars judicial interference during elections).

Mains Practice Question

✍ The Chief Election Commissioner (CEC) does not possess unilateral authority to take decisions on behalf of the Election Commission of India (ECI). Critically examine this proposition with reference to constitutional provisions, judicial precedents, and recent controversies surrounding the ECI. Also, analyse the implications of such a claim for the independence and autonomy of the ECI. (15 Marks)

Approach: MODEL-ANSWER SKELETON:

1. **Constitutional Framework (4 marks)**
– Article 324(1): Vesting of superintendence, direction, and control of elections in the ECI.
– Article 324(2): ECI to be a multi-member body with CEC and two Election Commissioners.
– Article 324(5): Conditions of service and tenure of CEC and Election Commissioners.
– Emphasise the collective decision-making nature of the ECI.

2. **Judicial Interpretation (4 marks)**
– Reference to Supreme Court judgments such as *T.N. Seshan v. Union of India* (1995) and *A.C. Jose v. Sivan Pillai* (1984) affirming the ECI’s collective authority.
– Doctrine of collective responsibility and necessity of consensus in constitutional bodies.

3. **Recent Controversies (3 marks)**
– Discuss the petition before the Supreme Court regarding unilateral decisions by the CEC in the Special Intensive Revision (SIR) of electoral rolls.
– Highlight the allegation of 14 decisions taken without consensus among Election Commissioners.

4. **Implications for Independence (3 marks)**
– Threat to the ECI’s autonomy if unilateral decisions are permitted.
– Impact on public trust and credibility of electoral processes.
– Need for transparency and adherence to constitutional mandates.

5. **Conclusion (1 mark)**
– Reiterate the necessity of collective decision-making for the ECI’s constitutional role and independence.

Source: Times of India

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