ECI Row: What happens when all three election commissioners disagree? Here is what the law says | Today’s news

In the past few weeks, the Election Commission of India (ECI), India’s constitutional body responsible for conducting and overseeing India’s elections, has faced increasing scrutiny amid protests calling for the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar and reports of disagreements within the three-member electoral panel over electoral roll decisions.

But what happens when all three election commissioners disagree?

Why does it matter now?

The question of how election commissioners make decisions comes at a time of controversy surrounding the voting panel. According to an Indian Express report published in September, two of the three members of the Election Commission, Sukhbir Singh Sandhu and Vivek Joshi, have raised objections at least 14 times in the past 10 months over decisions related to the launch of the Special Intensive Revision (SIR) exercise.

Defending its decision-making process, the ECI said in response to the report that differing views and comments within the institution are a routine part of the deliberations before a final decision is taken.

According to the European Citizens’ Initiative website, “The Commission conducts its business by holding regular meetings and also by circulating documents. All Electoral Commissioners have an equal say in the Commission’s decisions.”

What is Section 18 of the Chief Electoral Commissioner and Other Electoral Commissioners Act, 2023?

Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023 states that the ECI may unanimously determine how its business shall be conducted and distributed among its members. It also states that the Commission should take decisions unanimously as far as possible, with any differences between commissioners being resolved by majority opinion.

The provision is also relevant to the petition, which cites the Supreme Court’s 1995 judgment in TN Seshan v. Union of India, which asserts that the CEC is primus inter pares, or first among equals.

What happens if all three election commissioners disagree?

PDT Achary, former general secretary of the Lok Sabha, spoke to LiveMint on the issue. According to Achary, there is only one provision in the law which says that either the decision should be unanimous or if unanimity is not possible, it must be by majority. He specified that if all three election commissioners disagree and it is not possible to reach a majority decision, no decision will be made on the matter.

While section 18 provides for majority decisions when the commissioners differ, it does not specifically deal with the situation where all three take different positions. According to Achary, CEC has no casting vote or any other authority to resolve such deadlock.

Does the CEC have veto power?

The Electoral Commission is designed to function as a collegial, multi-member body, with two Electoral Commissioners sharing decision-making powers with the CEC.

In 1995, the then Chief Election Commissioner TN Seshan challenged the 1993 Act. The Supreme Court dismissed his challenge, saying that once additional Election Commissioners are appointed, the ECI functions as a multi-member body and the CEC does not have overriding or veto powers.