Supreme Court notice to ECI, Centre on plea challenging decisions taken by CEC-led poll panel
The Bench said the decisions of the Election Commission have to be either unanimous or by majority and that it presumed that this is how all decisions were taken
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Context
The has issued a notice to the and the Central Government regarding a petition challenging the alleged unilateral decision-making by the . The petition claims that the CEC took decisions on the Special Intensive Revision of electoral rolls without the approval of the other two Election Commissioners, raising questions about the functioning and autonomy of the ECI under the .
UPSC Perspectives
Polity
The controversy highlights the tension between the constitutional design of the and its practical functioning. vests the superintendence, direction, and control of elections in the ECI. Initially a single-member body, it was made multi-member to ensure institutional checks and balances, a transition upheld by the in the case. The court ruled that the CEC is primus inter pares (first among equals) and decisions must ideally be unanimous, or by majority. The current allegations suggest a breakdown of this internal mechanism. This connects to UPSC questions on the autonomy and functioning of constitutional bodies. Aspirants must understand that the ECI's credibility relies not just on external independence from the executive but also on robust internal democratic processes.
Governance
The core governance issue is the interpretation and application of the . The petitioners argue that Section 16 of this Act, which provides immunity to the CEC from legal action even after retirement, is being misused to bypass the other commissioners. This raises a critical question about the balance between protecting officials from frivolous litigation and ensuring accountability. The demand for an independent Judicial Inquiry Commission or SIT, headed by a retired apex court judge, reflects a growing concern over the integrity of the electoral roll revision process. For UPSC, this highlights the challenges in maintaining the integrity of institutions. The controversy also underscores the importance of transparency and adherence to established statutory procedures within regulatory and constitutional bodies to maintain public trust, especially concerning the deletion of names from electoral databases.
Legal
The legal dimension involves the 's role in overseeing constitutional bodies through judicial review. The court's initial response, emphasizing that decisions should be unanimous or by majority, reinforces the established legal framework governing the . The petitioners are seeking interim relief, such as suspending the CEC or mandating unanimous decisions until the final verdict, arguing that unilateral actions could cause irreparable harm to the democratic process. The court's ultimate decision will interpret the extent of the CEC's individual powers versus the collective authority of the Commission. This is highly relevant for Mains questions on the role of the judiciary in preserving democratic institutions and the evolving jurisprudence surrounding the powers and accountability of constitutional functionaries.