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Supreme Court to Examine CEC’s Individual Powers Monday
The Supreme Court will consider a case about how India’s Election Commission makes decisions.
The case questions whether the Chief Election Commissioner can act alone for the Commission.
The petition says the Commission is a group and should make decisions collectively.
It also says election law requires a majority decision when members do not agree.
Two election commissioners allegedly raised objections about several actions.
These included changes involving voter forms, election records and official communications.
The Election Commission says disagreements and written objections are normal in a multi-member body.
It also says its decisions, including those about the SIR exercise, were unanimous.
The Supreme Court will hear a petition challenging the individual exercise of powers by Chief Election Commissioner Gyanesh Kumar.
The petition argues that Article 324 assigns election powers to the multi-member Election Commission, not solely to the CEC.
It cites Section 18 of the 2023 election commissioners law, which provides for collective decisions and majority voting when commissioners disagree.
The petition refers to at least 14 objections allegedly recorded by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi between October 2025 and August 2026.
The Election Commission says internal disagreements are normal and maintains that decisions, including those on 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 its powers.
- What
- The Court will hear a petition questioning whether the CEC can individually exercise or represent powers vested in the multi-member Election Commission.
- Where
- The matter will be heard by the Supreme Court in New Delhi.
- When
- The hearing is scheduled for Monday, October 5, according to the article and the Supreme Court cause list.
- Why
- The petition seeks enforcement of collective decision-making under Article 324 of the Constitution and Section 18 of the 2023 election commissioners law.
Petitioner’s position
Election Commission’s position
Individual versus collective authority
Petitioner’s position
The petitioner argues that Article 324 gives powers to the Commission as a multi-member body, so the CEC cannot exercise or represent those powers alone.
Election Commission’s position
The ECI maintains that differences among commissioners are part of the normal deliberative and administrative process within a multi-member constitutional body.
Reported internal objections
Petitioner’s position
The petition cites written objections allegedly made by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi over decisions reportedly taken without their approval.
Election Commission’s position
The ECI says internal objections and written notes are established mechanisms and do not amount to an institutional rupture.
Validity of disputed decisions
Petitioner’s position
The petitioner seeks directions requiring collective decision-making and the production and preservation of records concerning the disputed actions.
Election Commission’s position
The ECI says its decisions, including those related to the SIR exercise, were unanimous.
Key facts
- Court bench
- Chief Justice of India Surya Kant and Justices Joymalya Bagchi and V. Mohana
- Petition mentioned
- Senior advocate Vikas Singh mentioned the matter before the CJI on September 29.
- Constitutional provision
- Article 324 vests election superintendence, direction and control in the Election Commission.
- Statutory provision
- Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023 provides for collective decision-making and majority decisions when needed.
- Reported objections
- The petition cites at least 14 objections allegedly recorded between October 2025 and August 2026.
- Issues cited
- The objections allegedly concerned communications, meeting records, foreign travel, Form 6, electoral-roll database access and appeals in West Bengal.
- Election Commission position
- The ECI says internal objections are normal and that its decisions, including those concerning the SIR exercise, were unanimous.
Quotes
Surya Kant
Chief Justice of India who directed that the matter be listed the following week
“List it next week.”
thehansindia.com
Sources
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