The Hindu - International

Two heads better than one, said SC on CEC’s solitary vigil

- Krishnadas Rajagopal

Chief Election Commission­er (CEC) Rajiv Kumar is in sole charge of the Election Commission (EC) with the resignatio­n of Election Commission­er Arun Goel ahead of the Lok Sabha polls’ announceme­nt, and the Supreme Court has said that it is illadvised to leave an institutio­n with such vast, exclusive and uncontroll­ed powers in the hands of one person, however wise he or she may be.

“There is no doubt that two heads are better than one, and particular­ly when an institutio­n like the EC is entrusted with vital functions, and is armed with exclusive uncontroll­ed powers to execute them, it is both necessary and desirable that the powers are not exercised by one individual, however, allwise he may be,” a Division Bench of the SC observed in a judgment in 1991.

The Supreme Court, in S.S. Dhanoa vs Union of India, said one person at the helm of the powerful poll body was against the “tenets of democratic rule”.

“A single individual may sometimes prove capable of withstandi­ng all the pulls and pressures. However, when vast powers are exercised by an institutio­n which is accountabl­e to none, it is politic to entrust its affairs to more hands than one. It helps to assure judiciousn­ess and want of arbitrarin­ess,” the top court reasoned.

Seshan case verdict

However, four years later, a Constituti­on Bench of the Supreme Court, in the T.N. Seshan case judgment, rather muddied the water with a single quizzical line.

The line in the judgment read that the EC could either be a singlememb­er body or a multimembe­r body. The discretion was that of the President.

“The EC can therefore be a singlememb­er body or a multimembe­r body if the President considers it necessary to appoint one or more Election Commission­ers,” the fivejudge Bench had mentioned.

The Constituti­on Bench was interpreti­ng clause 2 of Article 324, which said “the Election Commission shall consist of the Chief Election Commission­er and such number of other Election Commission­ers, if any, as the President may from timetotime fix…”

But the Bench goes on to agree with the S.S. Dhanoa judgment that a multimembe­r Election Commission was perfectly in tune with the plain language of Article 324 (superinten­dence, direction and control of elections to be vested in an Election Commission).

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