Inside The Election Commission: From A Single CEC To A Three-Member Body

The Election Commission of India (ECI), which oversees elections to Parliament, state legislatures and the offices of the President and Vice-President, has come under renewed scrutiny amid protests demanding the removal of Chief Election Commissioner (CEC) Gyanesh Kumar.

The agitation over the Special Intensive Revision (SIR) of electoral rolls has once again brought the poll body's independence, powers and decision-making structure into focus.

Established in 1950, the ECI functioned as a single-member body for nearly four decades before briefly expanding to three members in 1989. It reverted to a single-member commission in 1990 before becoming a three-member body again in October 1993, a structure it has retained since.

How Was The Election Commission Set Up?

The ECI is a permanent constitutional body established on January 25, 1950, under the Constitution of India. Article 324 vests it with the “superintendence, direction and control” of elections to Parliament, state legislatures and the offices of the President and Vice-President.

The provision does not prescribe a fixed number of members. Instead, Article 324(2) states that the Commission shall consist of a Chief Election Commissioner and “such number of other Election Commissioners, if any, as the President may from time to time fix”.

This allows the Commission to function with a single CEC or as a multi-member body, depending on the number of Election Commissioners appointed.

The President appoints the CEC and the Election Commissioners. They serve a term of six years or until they turn 65, whichever comes first. The CEC enjoys protection against removal similar to that available to a Supreme Court judge, while Election Commissioners can be removed only on the CEC’s recommendation.

Why Did The Election Commission Become A Three-Member Body?

For nearly four decades after its establishment, the ECI had only one member. This changed shortly before the 1989 Lok Sabha elections, against the backdrop of differences between the Congress government led by Prime Minister Rajiv Gandhi and then CEC R V S Peri Sastri.

S K Mendiratta, who served the Election Commission for more than 53 years, told The Indian Express in 2019 that the differences dated back to the 1987 presidential election.

The government wanted the nomination schedule to prevent then President Giani Zail Singh, whose relationship with Rajiv Gandhi had deteriorated, from contesting a second term. Peri Sastri refused to accommodate the government’s position, Mendiratta said to The Indian Express.

With the Lok Sabha elections approaching in 1989, the government was uncertain about how the CEC would act. According to Mendiratta, the government responded by expanding the Commission in a move that curtailed the CEC’s ability to act alone.

On October 7, 1989, a presidential notification created two additional Election Commissioner posts. S S Dhanoa and V S Seigell were appointed to the positions on October 16.

Despite disagreements among the three commissioners and the absence of established rules governing the Commission’s decision-making, the 1989 Lok Sabha elections were conducted successfully, Mendiratta said according to The Indian Express.

How Did The Commission Return To A Single Member?

The three-member arrangement was short-lived. Soon after the National Front government led by V P Singh came to power, it rescinded the October 7, 1989, notification, restoring the Commission to a single-member structure in January 1990.

Dhanoa challenged the decision in the Supreme Court, but his petition was dismissed. In S S Dhanoa v Union of India (1991), the court upheld the government's decision to abolish the additional posts. However, it also observed that the Commission’s extensive powers could be exercised more effectively by multiple members.

In 1991, Parliament enacted the Chief Election Commissioner and Election Commissioners (Conditions of Service) Act. The legislation established the CEC’s status and service conditions but did not provide a framework for conducting the Commission’s business as a multi-member body.

The Commission continued to function with a single member, with T N Seshan appointed CEC on December 12, 1990. Seshan subsequently became known for asserting the Commission’s independence and enforcing election rules.

Why Was The Election Commission Expanded Again In 1993?

On October 1, 1993, the Congress government led by Prime Minister P V Narasimha Rao expanded the Commission once again. M S Gill and G V G Krishnamurthy were appointed Election Commissioners.

Mendiratta told The Indian Express that the decision followed the government's dissatisfaction with Seshan's assertion of the Commission's independence.

The government simultaneously amended the 1991 law through an ordinance, renaming it the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. The amendment established rules for the Commission's functioning as a multi-member body and gave the CEC and the two Election Commissioners equal status, with service conditions linked to those of Supreme Court judges and a retirement age of 65.

The amended law also laid down how disagreements would be resolved. The commissioners were expected to seek unanimity, but where differences persisted, decisions would be taken by majority vote. This meant the CEC could not exercise a unilateral veto over the other two members.

Seshan challenged the changes in the Supreme Court, arguing that they curtailed his powers. However, a five-judge Constitution Bench dismissed his petition in T N Seshan v Union of India on July 14, 1995.

The court upheld the principle that the Commission functions as a collective body once additional Election Commissioners are appointed. The ECI has operated with one CEC and two Election Commissioners ever since.

How Are Election Commissioners Appointed?

Until 2023, the President appointed the CEC and Election Commissioners on the advice of the Union government. Critics argued that this gave the executive excessive influence over the selection of officials responsible for overseeing elections.

In Anoop Baranwal v Union of India (2023), a five-judge Constitution Bench of the Supreme Court directed that appointments be made by a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India, until Parliament enacted a law governing the process.

Parliament subsequently passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Under Section 7 of the law, the selection committee comprises the Prime Minister as chairperson, the Leader of the Opposition in the Lok Sabha and a Union Cabinet minister nominated by the Prime Minister. The Chief Justice of India is not part of this committee.

How Is The Election Commission Funded?

According to the ECI's website, the Commission's secretariat has an independent budget finalised through direct consultation between the Commission and the Union Finance Ministry. The ministry generally accepts the Commission's budget recommendations.

Beyond conducting elections, the ECI also has an advisory role in certain cases involving the disqualification of sitting MPs and MLAs. Courts may refer cases concerning electoral corrupt practices to the Commission for its opinion on whether a person should be disqualified and, if so, for how long.