The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991
📖 The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991
1. Background
Article 324 of the Constitution of India vests the superintendence, direction, and control of elections in the Election Commission of India (ECI).
Originally, the ECI consisted of only the Chief Election Commissioner (CEC).
Later, provision was made for one or more Election Commissioners to assist the CEC.
However, the Constitution left it to Parliament to determine their conditions of service and the transaction of business of the Commission.
Therefore, Parliament enacted this law in 1991.
2. Objectives of the Act
To lay down the conditions of service (salary, allowances, privileges) of the CEC and other Election Commissioners.
To prescribe how the business of the Election Commission shall be conducted when there is more than one member.
To ensure the independence, dignity, and smooth functioning of the Election Commission.
3. Key Provisions of the Act
(a) Applicability
Applies to the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
(b) Conditions of Service
Salary & Allowances: Same as that of a Judge of the Supreme Court of India.
Leave, Pension, and Other Benefits: Also at par with Supreme Court Judges.
This ensures independence from executive pressure, as their service conditions are secure and prestigious.
(c) Transaction of Business
When the Election Commission consists of more than one member:
All business is transacted unanimously.
If there is difference of opinion, the matter is decided by majority.
This provision prevents deadlock and ensures collective decision-making.
(d) Removal
CEC: Can be removed only in the manner and on the grounds of removal of a Supreme Court Judge (i.e., impeachment by Parliament).
ECs: Can be removed only on the recommendation of the CEC.
This protects the independence and integrity of the Commission.
4. Significance of the Act
Ensures that the ECI functions as an independent constitutional body.
Puts CEC and ECs on par with Supreme Court judges in terms of status and service conditions.
Provides a clear mechanism for decision-making within the Commission.
Helps maintain free and fair elections, which are the foundation of democracy.
5. Case Law on the Act
1. S.S. Dhanoa v. Union of India (1991 SC)
Issue: Whether an Election Commissioner could be equated with the CEC.
The Court held: The status and independence of the CEC and ECs are protected under this Act.
The Act ensures they are not subordinate officers but equal members of the Commission.
2. T.N. Seshan v. Union of India (1995 SC)
CEC T.N. Seshan argued that he alone had full powers and ECs were merely advisory.
The Supreme Court rejected his claim.
Held:
CEC and ECs are equal members.
All decisions must be taken collectively under the Act.
The majority view prevails if there is disagreement.
This case confirmed the collegial nature of the Election Commission.
3. A.C. Jose v. Sivan Pillai (1984 SC) (earlier but relevant)
Court held that the Constitution and laws made by Parliament prevail over the CEC’s directions.
This case highlighted why the 1991 Act was necessary to codify powers and conditions.
4. Ashok Shankarrao Chavan v. Madhavrao Kinhalkar (2014 SC)
Issue: Authority of the Commission to investigate election expenditure.
Court reaffirmed that the Commission acts as a multi-member body and decisions are to be taken collectively as per the 1991 Act.
6. Conclusion
The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 plays a vital role in safeguarding democracy.
It grants independence, dignity, and parity with Supreme Court judges to the CEC and ECs.
It provides a collegial decision-making structure through majority rule.
Judicial decisions, especially T.N. Seshan’s case, have confirmed that this Act prevents dictatorship of one Commissioner and ensures collective responsibility.
✅ In short: The Act ensures that the Election Commission functions as an independent, collective, and constitutional guardian of free and fair elections.
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