Supreme Court of India · 1995-07-14
T.N.SESHAN CHIEF ELECTION COMMISSIONER OF INDIAETC. vs UNION OF INDIA & ORS.
- Citation / case number
- SC 1993/202587
- Court
- Supreme Court of India
- Petitioner
- T.N.SESHAN CHIEF ELECTION COMMISSIONER OF INDIAETC.
- Respondent
- UNION OF INDIA & ORS.
- Author
- AHMADI A.M. (),VERMA, JAGDISH SARAN ,SINGH N.P. ,BHARUCHA S.P. ,MUKHERJEE M.K.
- Bench
- AHMADI A.M. (CJ),VERMA, JAGDISH SARAN ,SINGH N.P. ,BHARUCHA S.P. ,MUKHERJEE M.K.
Judgment text excerpt
The Supreme Court examined the constitutionality of the Chief Election Commissioner and other Election Commissioners (Condition of Service) Amendment Ordinance, 1993, under Article 123 of the Constitution. The Court held that the Ordinance was validly promulgated and did not violate the provisions of the Constitution, affirming the President's power to legislate by ordinance in urgent situations. The judgment clarified the conditions of service for the Chief Election Commissioner and Election Commissioners as per the Chief Election Commissioner and other Election Commissioners (Condition of Service) Act, 1991, specifically Sections 3 and 4.