T.N. Seshan case
Also called: T.N. Seshan v. Union of India (1995) · Topic: Elections and the Electoral System · NCERT: Beyond NCERT
Meaning
This is a 1995 Supreme Court judgment, T.N. Seshan v. Union of India. It upheld the multi-member Election Commission created in 1993. The Court held that the Chief Election Commissioner (CEC) and the Election Commissioners have an equal say, and the Commission decides by majority. The CEC is only "first among equals", a leader who has no veto over the others. The case settled how power is shared inside the Election Commission.
Example
T.N. Seshan, the CEC from 1990 to 1996, challenged the 1993 appointment of two Election Commissioners alongside him. The Court rejected his challenge. From then on, a majority of the three members could outvote the CEC.
Don't confuse with
- Removal protection: equal say in decisions does not mean equal job security. The CEC can be removed only like a Supreme Court judge. An Election Commissioner can be removed only on the CEC's recommendation (Art. 324(5)).
Related concepts
- Election Commission of India
- Chief Election Commissioner
- Election Commissioners
- Multi-member Election Commission
- Anoop Baranwal case
- Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023