ECI Row: What happens when all three Election Commissioners disagree? Here's what the law says

What happens when all three Election Commissioners disagree? As the ECI faces scrutiny over internal differences, here’s what the law says if the poll panel is stuck in a 1-1-1 split.

Over the past few weeks, the Election Commission of India (ECI), India's constitutional body responsible for conducting and supervising elections in India, has been facing growing scrutiny amid protests demanding Chief Election Commissioner (CEC) Gyanesh Kumar's resignation and reports of disagreements within the three-member poll panel over electoral roll decisions.

But what happens when all three Election Commissioners disagree?

Quick answers to key questions

•5

QUESTIONS

If all three Election Commissioners disagree and a majority decision cannot be reached, there will be no decision on the matter, as the law stipulates that decisions must either be unanimous or by majority.

The issue has gained attention due to ongoing protests and criticisms regarding the Election Commission's decisions, particularly related to the Special Intensive Revision (SIR) of electoral rolls.

Section 18 mandates that the Election Commission should strive for unanimous decisions and outlines that any disagreements should be resolved through a majority view.

The Election Commission conducts its business by holding regular meetings and by circulating papers, ensuring that all Election Commissioners have an equal say in the decision-making process.

No, the Chief Election Commissioner does not have veto power; the Election Commission functions as a multi-member body, with all Commissioners sharing decision-making authority equally.

Why does this matter now?

The question of how the Election Commissioners take decisions comes at a time of controversy surrounding the poll panel. According to an Indian Express report published in September, two of the three members of the Election Commission, Sukhbir Singh Sandhu and Vivek Joshi, raised objections at least 14 times in the last 10 months regarding decisions related to the rollout of the Special Intensive Revision (SIR) exercise.

Defending its decision-making process, the ECI, in response to the report, stated that differing views and observations within an institution are a routine part of deliberation before a final decision is made.

According to the ECI's website, "The Commission transacts its business by holding regular meetings and also by circulation of papers. All Election Commissioners have equal say in the decision-making of the Commission."

What is Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023?

Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023 states that the ECI may unanimously determine how its business will be conducted and distributed among its members. It also says that the Commission should, as far as possible, take decisions unanimously, while any differences among the Commissioners should be resolved through a majority view.

The provision is also relevant to a petition that cites the 1995 Supreme Court judgment in T.N. Seshan v. Union of India to contend that the CEC is primus inter pares, or first among equals.

What happens if all three Election Commissioners disagree?

PDT Achary, former Secretary-General of the Lok Sabha, spoke to LiveMint on the issue. According to Achary, there is only one provision in the law, which says that either the decision should be unanimous or, if unanimity is not possible, it must be by majority. He elaborated that if all three Election Commissioners are in disagreement and a decision by majority cannot be reached, there will be no decision on the matter.

While Section 18 provides for majority decisions when the Commissioners differ, it does not specifically address a situation where all three take different positions. According to Achary, the CEC does not have a casting vote or any additional authority to resolve such a deadlock.

Does the CEC have veto power?

The Election Commission is designed to function as a collegiate, multi-member body, with the two Election Commissioners sharing decision-making powers with the CEC.

In 1995, then Chief Election Commissioner T N Seshan challenged the 1993 law. The Supreme Court rejected his challenge, holding that once other Election Commissioners are appointed, the ECI functions as a multi-member body and the CEC does not have overriding or veto powers.

About the Author

Swati Gandhi is a digital journalist with over four years of experience, specialising in international and geopolitical issues. Her work focuses on foreign policy, global power shifts, and the political and economic forces shaping international relations, with a particular emphasis on how global developments affect India. She approaches journalism with a strong belief in context-driven reporting, aiming to break down complex global events into clear, accessible narratives for a wide readership.<br><br> Previously, Swati has worked at Business Standard, where she covered a range of beats including national affairs, politics, and business. This diverse newsroom experience helped her build a strong grounding in reporting, while also strengthening her ability to work across both breaking news and in-depth explanatory stories. Covering multiple beats early in her career has helped her be informed about her current work, allowing her to connect domestic developments with wider international trends.<br><br> At Live Mint, she focuses on international and geopolitical issues through a business and economic lens, examining how global political developments, foreign policy decisions, and power shifts impact markets, industries, and India’s strategic and economic interests.<br><br> She holds a Bachelor’s degree in English (Honours) from the University of Delhi and a Master’s degree in Journalism and Mass Communication from Guru Gobind Singh Indraprastha University. Her academic training has shaped her emphasis on precision, analytical rigour, and clarity in writing. Her interests include global political economy and the intersection of geopolitics with business.<br><br> Outside work, Swati focuses on exploring her passion and love for food. From fancy cafes to street spots, Swati explores food like a true foodie.

^{Get Latest real-time updates}

Stay updated with the latest Trending, India, World and US news.

HomeNewsIndiaECI Row: What happens when all three Election Commissioners disagree? Here's what the law says