LexS.S. DHANOA versus UNION OF INDIA AND ORS.
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\ S.S. DHANOA A v. UNION OF INDIA AND ORS. JULY 24, 1991 [M.H. KANIA AND P.B. SAWANT, JJ] B Constitution of India, 1950: Article 324. Election Commission- President's Notification-Determination of number and appointment of Election Commissioners-Ru/es providing ,tenure of 5 years or upto superannuation age of 65 years-Subsequent notification by President -Abolition of the post of Election Commissioners-Whether ma/a fide, C whether affects independence of Election Commission-Material loss to incumbents-Whether exigency of employment-Flashing of photo- graphs of Election Commissioners while announcing their removal on TV deprecated. Election Commission-Salient features and composttwn of~ p Appointment of Chief Election Commissioner is obligatory-Appoint- ment of other Election Commissioners is not obligatory-Comn,ission's work should warrant appointment of other Election Commissioners- Distinction in service conditions and tenure of the Chief Election Com- missioner and other £/ection Commissioners-What is-Chief Election Commissioner whether primus inter partes-Need for laying down the E . procedure for transacting the business of Election Commission emphasised. Article 324(2) of the Constitution empo~ers the President to fix and appoint such number of Election Commissioners as he may from time to time determine. By a notification dated 7.10.1989 the President F fixed the number of Election Commissioners at two. By another notifi- cation dated 16.10.89, the President appointed the petitioner and another person as El~ction Commissioners. Simultaneously, the Presi- dent also promulgated the rules regulating the conditions of service and tenure of the Election Commissioners under which an Election Commis- sioner was to hold office for a ferm of five years or until he attained the O age of 65 years whichever was earlier. However, on Isl January, 1990, the President issued two notifica- tions rescinding the earlier two notifications dated 7.10.89 and 16.10.89. Consequently, the two posts of Election Commissioners were abolished and the appointment of the petitioner and the other ElectiolJ H (:ommissioner came to an end. 159 A B c 160 SUPREME COURT REPORTS I 1991) 3 S.C.R. The petitioner filed a writ petition in this Court challenging the legality of the notifications dated 1st January, 1990 contending that: (a) the Election Commission being an independent body, the abolition of the posts of Election Commissioners and their consequent removal tampered with the independence of the Election Commission directly or indirectly; (b) in view of the service rules made by the President the Election Commissioners were entitled to continue in office for full tenure of five years or until they attained the age of 65 years which- ever was earlier; (c) the notification abolishing the two posts and removing the petitioner and the other Election Commissioner were issued ma/a fide under the advice of the Chief Election Commis- sioner; (d) Petitioner's removal affected him materially; and (e) the flashing of the photographs of the petitioner and. other Election Com- missioner while announcing their removal on the television during a · news bulletin subjected them to severe loss of dignity and reputation. Dismissing the petition, this Court, D HELD: 1. The Election Commission as envisaged by the Constitu- tion is an independent institution and has to function as such. In the ~ discharge of its duties and functions it is not amenable to the control of any other body. The salient features of the composition of the Election Commission as given in Article 324 are that the Commission shall always consist of a permanent incumbent, viz. the Chief Election Com- E missioner. But the President has also been given the power to appoint such number of other Election Commissioners as he may, from time to time, fix. While the appointment of the Chief Election Commissioner is a must, the appointment of the other Election Commissioner or Com- missioners is not obligatory. The number of other Election Commis- sioners is left to the discretion of the President depending upon the need F felt from time to time. [169A-B-C] 1.1 However, in the 1natter of the conditions of service and tenure of office of the Election Cu1nmissioners, a distinction is made between the Chief Election Commissioner on the one hand and Election Com- missioners and Regional Co1nmissioners on the other. Whereas the con- G d
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