Chief Election Commissioner (Terms & Conditions) Act, 1992

  1. Chief Election Commissioner (Terms and Conditions) (amendment) Ordinance 2015 — section 6-A —Acting Chief Election Commissioner — viries of — provision challenged in writ — High Court held that by providing section 6-A, a new office has been created  and section 6-A was struck down — Held: under section 6-A no new office has been created rather stop-gap arrangement has been provided when the office of the Chief Election Commissioner is vacant, or he is absent or unable to perform functions of his offices, the President shall appoint Acting Chief Election Commissioner after consultation with Chief Justice of AJ&K. AJ&K Council v. AJ&K  Govt. & 8 others 2016 SCR 145 (L)
  2. Chief Election Commissioner(Terms & Conditions) Act, 1992 — Amendment Ordinance XIX of 2015 —section 6-A — Acting Chief Election Commissioner — according to scheme of Constitution the office of Chief Election Commissioner is of extra ordinary vital importance — the Chief Election Commissioner has to perform & discharge the duties conferred upon him under the provisions of  more than a dozen statutes — the spirit of powers, duties and function conferred upon Chief Election Commissioner under the provisions of statutes clearly speaks that from overall system of Govt. establishment and suitability of democratic institutions to the safeguard of fundamental rights of individual, specially the right of franchise, the role of  Chief Election Commissioner is very important — thus, the nature and spirit of functions and duties of Chief Election Commissioner rules out the vacancy of this office — Held: the addition of section 6-A through amendment providing appointment of Acting Chief Election Commissioner appears to be an appropriate legislature step for removing the flaws and meeting the eventuality. AJ&K Council v. AJ&K Govt. & 8 others 2016 SCR 145 (U&V)
  3. Section 3 — Chief Election Commissioner (terms & conditions)(amendment) Ordinance, 2015 — section 6-A — Acting Chief Election Commissioner — eligibility for appointment — criterion — according to the scheme of the Constitution or subordinate laws for acting appointment against an office ordinarily the persons who are already appointed by the competent authority in the prescribed manner and holding the office are considered to be eligible and suitable and no direct or new induction is permissible — under section 6-A in present shape there is a chance that a person who is not appointed by competent authority or holding the post according to the constitutional provisions can be appointed as Acting Chief Election Commissioner — the person who is eligible to be appointed as Chief Election Commissioner under section 3 of Act, 1992 is one who is or has been a Judge Supreme Court or High Court which means that person who is not holding any post of Judge is also eligible for appointment as  Chief Election Commissioner — consequently the application of section 6-A in directly offends the spirit of section 50 of Act, 1974, which speaks that appointment against the office of Chief Election Commissioner shall be made on the advice of Chairman AJ&K Council — Held: to this extent partially the amended section 6-A is not valid. AJ&K Council v. AJ&K  Govt. & 8 others 2016 SCR 145 (W)
  4. Chief Election Commissioner (terms & conditions) Act, 1992 — Chief Election Commissioner (terms & conditions) (amendment) Ordinance, 2015 — section 6-A — Acting Chief Election Commissioner —eligibility for appointment — In the provisions of Acting President, Acting Prime Minister, Acting Chief Justice of AJ&K and Acting Chief Justice of High Court clearly speaks that the person who are holding the office according to the constitutional provisions or appointed on the advice of Chairman AJ&K Council are eligible to be appointed against the vacancy till regular appointment — the laws dealing with the Civil Servants, there is no concept of direct induction against any post on acting, officiating or current charge basis rather the person who are already validly holding the civil posts are eligible to be appointed — Held:  section 6-A which speaks that any eligible person can be appointed as Acting Chief Election Commissioner is partially not valid because under the provision even a retired Judge who is not holding the post can be appointed — for avoiding indirect violation of section 50 of Act, 1974 the provision of section 6-A should be suitably  amended to exclude the chance of direct appointment of person who is not holding the office on the basis of appointment made on the advice of AJ&K Council. AJ&K Council v. AJ&K  Govt. & 8 others 2016 SCR 145 (X) 2014 SCR 1258 ref.
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