A. M. AHMADI, S. P. BHARUCHA, N. P. SINGH, M. K. MUKHERJEE, J. S. VERMA
T. N. Seshan, Chief Election Commissioner Of India: Cho S. Ramaswamy: B. K. Rai: Common Cause (A Registered Society) – Appellant
Versus
Union Of India – Respondent
JUDGMENT
A.M. Ahmadi, CJI. -:
(1) THE President of India, in exercise of powers conferred upon him by clause (1 of Article 123 of the Constitution of India, promulgated an Ordinance (No. 32 of 1993 entitled "The Chief Election Commissioner and other Election Commissioners (Conditions of Service) Amendment Ordinance, 1993" (hereinafter called "the Ordinance") to amend "The Chief Election Commissioner and other Commissioners (Conditions of Service) Act, 1991" (hereinafter called "the Act"). This Ordinance was published in the Gazette of India on 1/10/1993. Before we notice the amendments made in the 1991 Act by the said Ordinance it may be appropriate to notice the provisions of the 1991 Act. As the long title of the Act suggests it lays down the conditions of service of the Chief Election Commissioner (hereinafter called the CEC) and Election Commissioners (hereinafter called the ECs) appointed under Article 324 of the Constitution of India. Section 3(1 provides that the CEC shall be paid a salary which is equal to the salary of a Judge of the Supreme court of India. Section 3(2 says that an EC shall be paid a salary which is equal to the salary of a Judge of a
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