2 hrs ago
Supreme Court to Hear Challenge to CEC’s ECI Powers
The Supreme Court will hear a petition about how India’s election body makes decisions.
The petition says the Election Commission should act as a group, not through one person alone.
It questions whether Chief Election Commissioner Gyanesh Kumar could represent the Commission without approval from the other commissioners.
The petition refers to written objections by two Election Commissioners.
Those objections reportedly involved election records, meetings, travel, technology and other decisions.
The petition also asks the court to protect the Commission’s collective decision-making process.
The Election Commission says disagreements and written notes are normal in a multi-member body.
It says its decisions, including the Special Intensive Revision exercise, were unanimous.
The Supreme Court agreed to list a petition challenging how the Election Commission of India’s powers are being exercised.
The plea questions whether Chief Election Commissioner Gyanesh Kumar can individually exercise or represent powers vested in the full Commission.
It relies on alleged objections by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi between October 2025 and August 2026.
The petition seeks enforcement of collective decision-making under Article 324 and Section 18 of the 2023 election law.
The ECI says internal objections are normal deliberative processes and that decisions, including the SIR exercise, were unanimous.
- Who
- The Supreme Court, Chief Election Commissioner Gyanesh Kumar, the Election Commission of India, and petitioners challenging the exercise of the Commission’s powers.
- What
- The Supreme Court agreed to list a petition questioning whether ECI powers can be exercised or represented individually by the CEC.
- Where
- Before the Supreme Court of India.
- When
- The matter was mentioned on Tuesday, and the Chief Justice said it would be listed the following week.
- Why
- The petition seeks to enforce collective decision-making under Article 324 of the Constitution and Section 18 of the 2023 election law.
Petitioner’s Position
Election Commission’s Position
Individual versus collective authority
Petitioner’s Position
The petition argues that powers constitutionally vested in the ECI must be exercised and represented by the Commission collectively, not by the CEC alone.
Election Commission’s Position
The ECI maintains that internal objections and written notes are normal parts of decision-making in a multi-member constitutional body.
Reported disagreements
Petitioner’s Position
The petition cites at least 14 objections by two Election Commissioners as evidence that decisions were allegedly taken without the required approval.
Election Commission’s Position
The ECI says the reported differences do not represent an institutional rupture.
Special Intensive Revision decisions
Petitioner’s Position
The petition seeks safeguards and records relating to decisions under challenge, including matters connected with electoral rolls.
Election Commission’s Position
The ECI says its decisions, including those concerning the Special Intensive Revision exercise, were unanimous.
Key facts
- Chief Election Commissioner
- Gyanesh Kumar
- Chief Justice
- Surya Kant
- Relevant constitutional provision
- Article 324, which assigns election superintendence, direction and control to the Commission.
- Relevant statutory provision
- Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- Reported objections
- At least 14 objections were attributed to Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
- Objection period
- October 2025 to August 2026, according to the petition.
- ECI position
- The ECI says internal differences are part of normal deliberation and that its decisions, including the SIR exercise, were unanimous.
Quotes
Rakesh Kumar Singh’s petition
Plea filed by a Patna resident seeking action concerning the Election Commission’s functioning
“Respondent No. 3 ought to be suspended from functioning as Chief Election Commissioner of India, pending final hearing of the present petition, so as to restore the multi-member character of the Election Commission”
deccanchronicle.com
“The way the Election Commission is functioning, there is serious doubt over whether the decisions are unanimous”
deccanchronicle.com
Sources
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