Stories
ECI Decision-Making: CEC Cannot Overrule Commissioners, Majority Rules
- •Reports of differences within the ECI regarding electoral rolls and the Special Intensive Revision (SIR) exercise have raised questions about its decision-making.
- •The ECI functions as a multi-member body where the CEC and two Election Commissioners hold equal say.
- •Section 18 of the 2023 Act mandates unanimous decisions where possible, but allows for majority rule in case of disagreement.
- •If the CEC and the two Election Commissioners differ, the majority view (2-1) will be adopted, not the CEC's sole decision.
- •The ECI maintains that its final decisions, including those on SIR, were unanimous, distinguishing internal observations from formal dissent.
Key Questions Answered
No, the CEC does not have veto power over the other commissioners. Under Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023, the ECI functions as a multi-member body where each commissioner has an equal vote, and a 2-1 majority view prevails during disagreements.
Section 18 of the Chief Election Commissioner and Other Election Commissioners Act, 2023 sets out the framework for conducting the ECI's business, requiring decisions to be unanimous as far as possible while establishing a majority-vote fallback when commissioners differ.
The ECI rejected reports of internal discord, clarifying that questions, observations, and suggestions from individual members during deliberations are normal and that all final decisions, including the Special Intensive Revision (SIR), were approved unanimously.
