armed with exclusive uncontrolled powers to execute vital functions

IN THE SUPREME COURT OF INDIA

CIVIL ORIGINAL JURISDICTION

WRIT PETITION (CIVIL) NO.104 OF 2015

ANOOP BARANWAL … PETITIONER

VERSUS

UNION OF INDIA … RESPONDENT

WITH

WRIT PETITION(CIVIL) NO. 1043 OF 2017

WRIT PETITION(CIVIL) NO.569 OF 2021

AND

WRIT PETITION(CIVIL) NO.998 OF 2022

J U D G M E N T

K.M. JOSEPH, J.

54. We may notice paragraph 18, dealing with the manner in which a multi-Member Commission must act. 13 (1991) 3 SCC 567 81 Thereafter, the Court went on to find that there was really no need to have appointed the Election Commissioners and, still further made the following observations:

“26. There is no doubt that two heads are better than one, and particularly when an institution like the Election Commission 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, all-wise he may be. It ill conforms the tenets of the democratic rule. It is true that the independence of an institution depends upon the persons who man it and not on their number. A single individual may sometimes prove capable of withstanding all the pulls and pressures, which many may not. However, when vast powers are exercised by an institution which is accountable to none, it is politic to entrust its affairs to more hands than one. It helps to assure judiciousness and want of arbitrariness. The fact, however, remains that where more individuals than one, man an institution, their roles have to be clearly defined, if the functioning of the institution is not to come to a naught.” (Emphasis supplied)