AIR 1991 SUPREME COURT 1745 ::1991 AIR SCW 1937 ::1991 (3) SCR 159 ::1991 (2) UJ (SC) 555 ::1991 (2) CurLR 624 ::1991 (3) SCC 567 ::1991 (2) LabLN 428 ::1992 (3) ServLR 45 ::(1991) 3 SCR 159 (SC) ::(1991) 3 JT 290 (SC) ::1991 (3) JT 290

Supreme Court Of India

Hon'ble Judge(s): M. H. Kania, P. B. Sawant , JJ

(A) Constitution of India , Art.324— Election Commissioners - Appointments - Made in absence of clear definition of their roles in Election Commission vis-a-vis Chief Election Commissioner - Subsequent abolition of posts by President - Independence of Election Commission not infringed. (Para 20 23) (B) Constitution of India , Art.324— Election Commissioners - Do not have same powers and authority as the Chief Election Commissioner - abolition of posts of Election Commissioners - Does not infringe independence of Election Commission. The Election Commissioners have the same powers and the authority as the Chief Election Commissioner,and it may well be that the Chief Election Commissioner has the power to disregard and override the views of the Election Commissioners, therefore the abolition of the posts of Election Commissioners least in infringed on the independence of the Commission. The fact that the Regional Commissioners are to be appointed by the President under Art. 324 (4) in consultation with the Commission to assist the Commission to perform its functions, though places the Election Commissioners on a higher pedestal than the Regional Commissioners, does not raise them to the status of the Chief Election....