T.N. SESHAN, CHIEF ELECTION COMMISSIONER OF INDIA ETC. versus UNION OF INDIA AND OTHERS

T.N. SESHAN, CHIEF ELECTION COMMISSIONER OF INDIA ETC. versus UNION OF INDIA AND OTHERS

The Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amendment Ordinance, 1993 and related notifications are constitutionally valid. Article 324 envisages a multi-member Election Commission. Statutory provisions specifying procedures for transacting business are permissible under Article 324(2) and (5). The Chief Election Commissioner is not superior in status or decision-making power to other Election Commissioners; majority decisions are consistent with the scheme and democratic principles.

Parties
Petitioner: T.N. Seshan, Chief Election Commissioner of India; Respondent: Union of India and Others
Jurisdiction
India
Judgment Date
14 July 1995
Procedural Posture
Writ Petition (civil) / Final Judgment of the Supreme Court of India
Outcome
Writ petitions dismissed. The Ordinance, notifications, and appointments are upheld in their entirety.
Legal Topics
Election Commission, Ordinance Making Power, Conditions of Service, Legislative Competence, Validity of Appointment
Constitutional Law Election Commission Ordinance Making Power Conditions of Service Legislative Competence Validity of Appointment

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Parties

T.N. Seshan, Chief Election Commissioner of India

Petitioner

Union of India and Others

Respondent

Procedural Posture

Writ Petition (civil) / Final Judgment of the Supreme Court of India

Legal Issues

  1. 1 Validity of the Chief Election Commissioner & other Election Commissioners (Conditions of Service) Amendment Ordinance, 1993 and consequential appointments
  2. 2 Whether the Ordinance, notifications and appointments were arbitrary, mala fide and unconstitutional
  3. 3 Interpretation of Article 324 of the Constitution: whether it envisages a multi-member Election Commission

Ratio Decidendi

The Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amendment Ordinance, 1993 and related notifications are constitutionally valid. Article 324 envisages a multi-member Election Commission. Statutory provisions specifying procedures for transacting business are permissible under Article 324(2) and (5). The Chief Election Commissioner is not superior in status or decision-making power to other Election Commissioners; majority decisions are consistent with the scheme and democratic principles.

Court Disposition

Writ petitions dismissed. The Ordinance, notifications, and appointments are upheld in their entirety.

Orders

  • Interim order dated 15th November, 1993 vacated.
  • If incumbent CEC has proceeded on leave and Shri Bagga is in charge, Shri Bagga to hand over charge to Shri Gill till CEC resumes duty.