"Dissent Among Election Commissioners Raises Questions Over Roll Revision"
Article 324
Constitutional provision vesting superintendence, direction, and control of elections in the ECI.
Section 18, 2023 Act
Requires ECI decisions by consensus or majority vote; CEC holds no veto.
The Election Commission of India (ECI) is a constitutional body created under Article 324, which gives it superintendence, direction, and control over elections to Parliament, State Legislatures, and the offices of President and Vice-President. This broad wording allows the Commission to act even where specific election law is silent. The ECI functioned as a single-member body from 1950 until 1989. After a brief and reversed experiment with a three-member body, the Election Commission (Amendment) Act, 1993 made it a permanent multi-member body with one Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
The Supreme Court tested this design in T N Seshan v Union of India (1995). The Court held that Article 324 places power in the Commission as a collective institution, not in any single officer. All three members hold equal decision-making authority. An earlier structural gap was flagged in S.S. Dhanoa v Union of India (1991): under Article 324(5), the CEC can be removed only through a process resembling the removal of a Supreme Court judge, while the other ECs can be removed by the President on the CEC's own recommendation. This asymmetry sits uneasily with the collegial character the Court affirmed in Seshan.
Appointments were long left to executive discretion. The Supreme Court in Anoop Baranwal v Union of India (2023) directed that a panel of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India make these appointments until Parliament legislated otherwise. Parliament responded with the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which replaced the Chief Justice with a Union Cabinet Minister nominated by the Prime Minister. The government now holds two of the three votes on the selection panel. This change is under fresh judicial scrutiny.
Day-to-day Commission business is governed by the Election Commission (Transaction of Business) Act, 1991 and, more recently, Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023. Both require that decisions be reached by consensus where possible, and by majority vote among all three members when consensus fails. The CEC holds no veto or casting vote. This majority-rule clause is a check-and-balance built inside a single institution, ensuring no one member can act unilaterally in the Commission's name.
The ECI's mandate is administrative and supervisory. It does not adjudicate election disputes. Challenges to election results go to the High Courts through election petitions under the Representation of the People Act, 1951. The ECI does exercise quasi-judicial powers in specific matters, such as disputes over splits or mergers of recognised political parties and the allotment of election symbols. Complaints about wrongful deletion from electoral rolls are handled inside the ECI's own chain of Booth Level Officers, Electoral Registration Officers, and Chief Electoral Officers, with no independent judicial layer at the first stage of appeal. …
Consider the following statements:
1.Union Territories are not represented in the Rajya Sabha.
2.It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
3.According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.
Which of the statements given above is/are correct?
In the light of recent controversy regarding the use of Electronic Voting Machines (EVM), what are the challenges before the Election Commission of India to ensure the trustworthiness of elections in India?
The Selection Committee for appointment of the Chief Election Commissioner and other Election Commissioners, under the 2023 Act governing their appointment, comprises which of the following?
Consider the following statements about the Election Commission of India (ECI):
1.The ECI became a permanent multi-member body in 1993.
2.Under Article 324(5), an Election Commissioner (other than the CEC) can be removed by the President only on the recommendation of the CEC.
3.The Chief Election Commissioner can be removed only through a process similar to that for a Supreme Court judge.
Which of the statements given above are correct?
With reference to adjudication of election-related disputes in India, consider the following statements:
1.The Chief Election Commissioner has the constitutional power to adjudicate disputes regarding inclusion or exclusion of names in the electoral rolls.
2.Election petitions challenging the validity of an election are heard by courts/tribunals under the Representation of the People Act, 1951.
Which of the statements given above is/are correct?
Match List-I with List-II and select the correct answer using the codes given below:
List-I
1.Election Commission (Transaction of Business) Act
2.Anoop Baranwal v. Union of India (2023)
3.CEC and Other ECs (Appointment...) Act, 2023
4.Electoral Registration Officer
List-II
A.Statutory authority for deciding voter eligibility for roll inclusion
B.Mandated a PM, LoP and CJI panel for CEC/EC appointment pending law
C.Replaced the CJI with a Union Cabinet Minister in the selection panel
D.Requires decisions by majority vote among the CEC and ECs
Which of the following statements about the preparation and revision of electoral rolls in India is/are correct?
1.The Representation of the People Act, 1950 provides for the preparation of electoral rolls.
2.Electoral Registration Officers (EROs) are the statutory authority responsible for deciding the eligibility of voters for inclusion in the electoral rolls.
3.The Election Commission of India directly amends entries in the electoral rolls without involving EROs.
How many of the above statements are correct?
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