Election Commission of India: From a Single Member Body to a Three Member Commission
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Election Commission of India: From a Single Member Body to a Three Member Commission
Why in the News?
The Election Commission of India (ECI) came under public scrutiny following protests demanding the removal of Chief Election Commissioner Gyanesh Kumar in October 2026. The controversy brings renewed attention to the Commission’s independence, institutional structure, appointment process and accountability.
Background: How was the ECI established?
- Constitutional status: The ECI is a permanent constitutional body established on 25 January 1950.
- Constitutional provision: Article 324 vests the superintendence, direction and control of elections in the Commission.
- Jurisdiction: Elections to Parliament, State Legislatures, and the offices of President and Vice President.
- Original structure: A single member body headed by the Chief Election Commissioner (CEC).
- Present structure: One CEC and two Election Commissioners (ECs).
- Key constitutional point: Article 324 does not prescribe a fixed number of Election Commissioners. It empowers the President to determine the number from time to time, subject to parliamentary law.
Evolution of the Election Commission of India (ECI)
- 1950–1989: Single member body headed by the Chief Election Commissioner (CEC).
- 1989: Expanded to a three member body amid tensions between the Rajiv Gandhi government and CEC R. V. S. Peri Sastri.
- 1989–1990: Reverted to a single member body after the V. P. Singh government rescinded the expansion notification.
- 1993: Re expanded into a three member body under the P. V. Narasimha Rao government, with M. S. Gill and G. V. G. Krishnamurthy appointed as Election Commissioners alongside CEC T. N. Seshan.
- Since 1993: Continued as a multimember body, with decisions taken by consensus where possible and by majority when differences arise.
Why did the structure change repeatedly?
- Political context: The changes occurred amid tensions between governments and the CEC over the Commission’s independence and authority.
- Institutional design: A multimember body distributes decisionmaking among several Commissioners rather than concentrating it in one office.
- Important qualification: The political circumstances explain the timing of these changes, but a multimember structure alone does not guarantee independence.
Why was 1993 a turning point?
The decisive development was the reconstitution of the Commission during T. N. Seshan’s tenure as CEC.
- Political context: The P. V. Narasimha Rao government expanded the Commission on 1 October 1993, amid tensions over Seshan’s assertion of institutional independence.
- Legal change: The 1991 service conditions law was amended through an Ordinance, introducing provisions to regulate the Commission’s decision making.
- Equal decision making: The CEC and the two ECs were given equal say in Commission decisions.
- Majority rule: Decisions were to be taken unanimously where possible; differences of opinion would be resolved by majority vote.
- Judicial validation: Seshan challenged the changes before the Supreme Court. In T. N. Seshan v. Union of India (1995), a five judge Bench dismissed his petition.
Appointment, tenure and removal: Key institutional safeguards
The legal framework has evolved beyond the 1993 changes.
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Aspect
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Constitutional / legal position
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Appointment
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The President appoints the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
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Constitutional provision
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Article 324 provides for the ECI and vests it with superintendence, direction and control of elections.
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Appointment law
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The Chief Election Commissioner and Other Election Commissioners Act, 2023, governs appointments and service conditions.
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Selection Committee
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Consists of the Prime Minister, the Leader of Opposition in the Lok Sabha (or leader of the largest opposition party if no LoP is recognised), and a Union Cabinet Minister nominated by the Prime Minister.
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Tenure
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Six years or until attaining 65 years of age, whichever is earlier, subject to the applicable law.
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Removal of CEC
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Can be removed in the same manner and on the same grounds as a Supreme Court judge.
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Removal of other ECs
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The President may remove an Election Commissioner on the recommendation of the CEC.
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Decision-making
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The Commission seeks unanimity; if Commissioners disagree, the majority view prevails.
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Posted on 13-10-2026 • By Admin