Time Line

The trouble started in 1989 when the Rajiv Gandhi government appointed two additional ECs in 1989. Till then there used to be only a CEC. A look down the years.

Time Line
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As the Election Commission's officialsite states,  originally the commission had only a Chief ElectionCommissioner (CEC). It currently consists of Chief Election Commissioner and two ElectionCommissioners (EC)

1989: For the first time two additional Commissioners were appointed on 16th October 1989by the Rajiv Gandhi government -- but they had a very short tenure till 1st January 1990. 

1990:  The National Front government led by V.P. Singh sacked two Election Commissioners. One of them, S.S.Dhanoa, challenged the decision in Supreme Court. The court upheld the government decision and made it clear that the Chief Election Commissioner and Election Commissioners are all equal

RVS Peri Sastri  was the CEC (he served in this capacity from 1 January 1986 to 25 November 1990). Smt V. S. Ramadeviserved as CEC between 26 November 1990 to 11 December 1990. 

1991: The Parliament passed a law providing for the appointment of two ElectionCommissioners.

T.N. Seshan was the CEC  between 12 December 1990 to 11 December 1996.It was to rein him in that the PV Narasimha Rao government introduced theconcept of multi-member EC once again.

1993: The 1991 law was amended and renamed as the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amendment Act 1993.

On 1st October 1993 two additional Election Commissioners were appointed. 

The concept of multi-member Commission has been in operation since then, with decision making power by majority vote.But Seshan challenged the above decision on the grounds that it would dilute theCEC's powers

1995: Seshan challenged the government decision to appoint two more Election Commissioners, saying it would dilute his powers and undermine Article 324 of the constitution (which defines the powers and functions of the commission) 

The court upheld the government decision to appoint two Election Commissioners, and warned against the concentration of power in a single authority (the Chief Election Commissioner).

MS Gill served as CEC between 12 December 1996 to 13 June 2001

1997: The turf battles continued even between Seshan's successor MSGill and his EC G.V.G. Krishnamurthy

J.M. Lyngdohwas the CEC between 14 June 2001 to 7 February 2004

The Current Problem: Navin Chawla

2005, Navin Chawla was appointed as Election Commissioner. The BJPobjected. Navin Chawla was indicted by the Shah Commission for his role in theEmergency. As KatherineFrank notes in her biography of Indira Gandhi, "Navin Chawla, accordingto the Shah Commission, "not only specified who should be arrested andjailed but also how they should be treated in prison". His orders included"the construction of special cells with asbestos roofs to bake" in thesummer heat." More controversies about him are documented here

2006: The BJP first submitted a memorandum to then President A.P.J. Abdul Kalam and filed a writ petition in Supreme Court. 

2007: The BJP withdrew its petition from the SC after CEC N. Gopalaswami filed an affidavit that he was the sole authority who had powers to recommend the removal of anEC. The government objected to CEC's claim in the court and filed an affidavitstating that this power vests exclusively with the President. 

2008
July 21, 2008: CEC asked Chawla why he should not be sacked for being partisan. 

Sep 12: Chawla replied questioning the CEC’s authority. 

Sep 16: CEC sought another reply from Chawla. 

Nov 7: The Law Secretary told Chawla the government had made no reference to theCEC regarding his conduct. 

Dec 10: Chawla replied. 

2009
Jan 16: CEC recommended Chawla’sremoval to the President. It is seen as a Congress v/s BJP issue on the eve of elections. Constitutional Expertsdiffer. 

But on the same day he also wrote two more letters to the President the same day (January 16), underlining the need for the poll panel to be neutral and raising fundamental issues concerning the appointment procedure for ECs and CECs as well as placing clear restrictions on what they can dopost-retirement and essentially made the following points which go against whatthe Congress has alleged against him:

"It does not appear appropriate to have retired CECs and ECs accepting offices under the government and worse still, joining political parties. Both hit at the very root of the principle of neutrality of the CEC and ECs as the general perception would be one of lack of it, in either circumstances. One way to articulate a strong sense of neutrality expected of officers, in my view, is to mandate against any post-retirement employment".

"The agency which is entrusted the task of holding elections to the legislatures should be fully insulated so that it can function as an independent agency free from external pressures from the party in power or executive of the day."

"An increasingly fragmented polity where multi-party coalitions, in Government as well as in opposition, are becoming the order of the day, the role of the Election Commission as a neutral umpire providing a level playing field is assuming ever greater importance. More than ever before, there now is a felt-need to emphasize the neutrality of the Commission and the Commissioners." 

and also that:

"In order that no fingers are raised against any CEC or EC doubting their neutrality and impartiality, to consider amendment of the Conditions of Service Act to provide that no CEC or EC shall be eligible for further appointment to any office or post under the government (including the office of Governor or Lt. Governor), after his retirement and further also to provide that a CEC and EC shall be prohibited from joining any political party at least for ten years after demitting office."

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