DEVELOPMENTS AFTER 26 JANUARY 1950; THE CHIEF ELECTION COMMISSIONERS AND THE ELECTION COMMISSIONERS WHO WERE APPOINTED AND THEIR TERMS
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.
N. DEVELOPMENTS AFTER 26 JANUARY 1950; THE CHIEF ELECTION COMMISSIONERS AND THE ELECTION COMMISSIONERS WHO WERE APPOINTED AND THEIR TERMS
50. In the year 1951, Shri Sukumar Sen was appointed as the first Chief Election Commissioner of India. He was a Civil Servant and a former Chief Secretary of the State of West-Bengal. His term was to last for eight years and two hundred and seventy-three days. Shri Kalyan Sundaram, the second Chief Election Commissioner, again a Civil Servant, the first Law Secretary and who also chaired the Indian Law Commission for the period from 1968 to 1971, was appointed as Chief Election Commissioner on 20.12.1958 and his term terminated on 30.09.1967. It is noteworthy that his term also lasted eight years and two hundred and eighty-four days. 51. The Government of India (Transaction of Business) Rules, 1961 have been referred to by the parties. Insofar as it is relevant, we may notice them. Under Rule 8, the cases to be submitted to the Prime Minister and President, are described as all cases of the nature specified in the Third Schedule. In the Third Schedule, 73 Serial No.22 describes appointment, resignation and removal of the Chief Election Commissioner and other Election Commissioners in Column 1 under the heading ‘nature of cases’. Article 324 is referred to, under the Column ‘authority to whom the matter is submitted, it is indicated ‘the Prime Minister and the President’. 52. Shri S.P. Sen Verma was the third Chief Election Commissioner and he was appointed on 01.10.1967 and he continued till 30.09.1972 (his term lasted for five years). Shri Nagendra Singh, a Civil Servant and a Member of the Constituent Assembly and who, later on, became the Judge of the International Court of Justice, had a short tenure as the fourth Chief Election Commissioner from 01.10.1972 to 06.02.1973 (his term lasted for one hundred and twenty-eight days). The fifth Chief Election Commissioner was Shri T. Swaminathan, who was also a Civil Servant, having become a Cabinet Secretary as well and his stint as Chief Election Commissioner was from 07.02.1973 to 17.06.1977 (his term lasted for four years and ten days). Shri S.L. Shakdher was appointed as the Sixth Chief Election Commissioner. He was also a Civil 74 Servant and Secretary General of the Lok Sabha. His term commenced on 18.06.1977 and expired on 17.06.1982 (his term lasted for four years and three hundred and sixty-four days). Shri R. K. Trivedi, the Seventh Chief Election Commissioner, was also a Civil Servant, and he had a term of three years and one hundred and ninetysix days. Shri R.V.S. Perishastri was the Eighth Chief Election Commissioner. He was the Secretary to Government and his term lasted from 01.01.1986 till 25.11.1990. It was for the first time that Election Commissioners, two in number, viz., Shri V. S. Seigell and Shri S. S. Dhanoa came to be appointed as Election Commissioners on 16.10.1989. However, as we shall see in greater detail, the Notification dated 16.10.1989 came to be rescinded on 01.01.1990. The same came to be challenged by Shri S.S. Dhanao and it culminated in the Judgment of this Court reported in S.S. Dhanoa v. Union of India and Others12. A Committee known as the Goswami Committee, made certain recommendations. On its heels, Parliament passed an Act titled ‘The Chief Election Commissioner and other Commissioners 12 (1991) 3 SCC 567 75 (Conditions of Service) Act, 1991 (hereinafter referred to as, ‘the 1991 Act’). It is noteworthy that this is the law made by Parliament and relatable to Article 324(5), which contemplated a law made by Parliament regulating conditions of service of the Chief Election Commissioner and the Election Commissioners. Smt. V.S. Ramadevi, who had the shortest tenure as the ninth Chief Election Commissioner was drawn from the Civil Services. Her term lasted for sixteen days. The Tenth Chief Election Commissioner was none other than Shri T. N. Sheshan, who was the Eighteenth Cabinet Secretary of India and had a term of six years commencing from 12.12.1990 till 11.12.1996. The 1991 Act came to be amended, initially, by an Ordinance, and later, by a law made by Parliament, the Ordinance being published on 01.10.1993. Shri M.S. Gill and Shri G.V.G. Krishnamurthy were appointed as Election Commissioners, w.e.f., 01.10.1993. The amendment and the appointments came to be challenged by Shri T. N. Seshan, the Chief Election Commissioner and others and the challenge was repelled by a Constitution Bench of this Court and the Judgment is reported in T.N. Seshan, 76 (supra). We would observe that what was essentially contemplated by founding Fathers was an Election Commission, which was to consist of a permanent figure, viz., the Chief Election Commissioner and such Election Commissioners, as may be necessary. For nearly forty years after the adoption of the Constitution of India, there were only Chief Election Commissioners. After the Judgment in T.N. Seshan (supra), it will be noticed that thereafter, the Election Commission of India became a team consisting of the Chief Election Commissioner and the two Election Commissioners. With the term of Shri T. N. Seshan coming to an end 11.12.1996, the trend began of appointing the Election Commissioners as Chief Election Commissioners. Thus, Shri M.S. Gill became the Chief Election Commissioner. Shri M.S. Gill was also a Civil Servant. He served as Chief Election Commissioner for a period of four years and sixty-nine days, i.e., from 12.12.1996 till 13.06.2001. Shri G.V.G. Krishnamurthy continued till 30.09.1999 (nearly six years) as Election Commissioner. Shri James Michael Lyngdoh became an Election Commissioner in the year 1997 and was made the Chief 77 Election Commissioner on 14.06.2001, on the expiry of the term of Shri M.S. Gill, and he continued till 07.02.2004 (the term lasted two years and two hundred and sixty-nine days). Thereafter, we may notice, for the period 2000 to 2022, the details of the Election Commissioners and the Chief Election Commissioners and the length of the tenure, which is as follows: Sl. No. Name of Commissioner Tenure as EC Tenure as CEC Length of Tenure 1. T.S. Krishnamurthy, EC Jan 2000 – 07.02.200 4 08.02.2004 - 15.05.2005 5 yrs 3 mts 16 days 2. B. B. Tandon, EC 13.06.200 1 – 15.05.200 5 16.05.2005 - 29.06.2006 5 yrs 17 days 3. N.Gopalaswamy, EC 08.02.200 4- 29.06.200 6 30.06.2006 - 20.04.2009 5 yrs 2 mts 13 days 4. Navin B.Chawla, EC 16.05.200 5- 20.04.200 9 21.04.2009 -29- 07.2010 5 yrs 2 mts 14 days 5. Shri S.Y. Quraishi, EC 30.06.200 6- 29.07.201 0 30.07.2010 - 10.06.2012 5 yrs 11 mts 12 days 6. Shri V.S. Sampath, EC 21.04.200 9- 10.06.201 2 11.06.2012 - 15.01.2015 5 yrs 8 mts 26 days 7. H.S. Brahma, EC 24.08.201 0- 16.01.2015 - 18.04.2015 4 yrs 7 mts 26 days 78 15.01.201 5 8. Nasim Zaidi, EC 07.01.2012- 18.04.2015 19.04.2015- 05.07.2017 4 yrs 10 mts 29 days 9. Achal Kumar Joti, EC 07.05.201 5- 08.07.201 7 06.07.2017 - 22.01.2018 2 years 8 mts 16 days 10. O.P. Rawat, EC 14.08.201 5- 22.01.201 8 23.01.2018 - 01.12.2018 3 yrs 3 mts 18 days 11. Sunil Arora, EC 31.08.201 7-01- 12.2018 02.12.2018 - 12.04.2021 3 yrs 7 mts 13 days 12. Ashok Lavasa, EC 23.01.201 8- 31.08.202 0 (N/A because of voluntary resignatio n) 2 yrs 7 mts 9 days 13. Sushil Chandra, EC 15.02.201 9- 12.04.202 1 13.04.2021 - 14.05.2022 3 yers 3 mts 14. Rajiv Kumar, EC 01.09.202 0- 18.02.202 5 15.05.2022 - 14.05.2022 4 yrs 8 mts 14 days (expected ) 15. Anup Chandra Pandey, EC 08.06.202 1- 14.02.202 4 2 yrs 8 mts 7 days (expected )