Election Commission of India (ECI) is the statutory body responsible for conducting elections in India to the Parliament, State Legislatures, as well as elections to the President and Vice-President of India. Although the Chief Election Commissioner (CEC) is the head of the Commission, the legal provision does not vest any power in the CEC to reject the decision of the Commission.

Generally speaking, the Election Commission will comprise the CEC and other Election Commissioners. According to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, all the matters of the Election Commission will be conducted in the manner provided by the law. Under the Act, all the decisions will be made unanimously wherever possible.

In case of a dispute between the CEC and other Election Commissioners regarding a particular issue, the matter is resolved through a majority decision.

Thus, the CEC has no independent right of veto against the decision of other Election Commissioners. For example, in a three-member Election Commission, in case the view of the CEC is different from that of the other Election Commissioners, the decision is taken by majority.  

This difference matters because there are indeed some particular constitutional functions and some unique protections enjoyed by the CEC that are distinct from the other Election Commissioners. The powers of the Election Commission, and hence the CEC, are defined by Article 324 of the Constitution. Removal of the CEC is governed by unique procedures which make the CEC immune from arbitrary removal from office, in a way akin to a Supreme Court Judge, whereas other Election Commissioners can be removed from office only at the discretion of the CEC.

Nonetheless, these provisions should not be conflated with the decision-making power with respect to the substantive affairs of the commission.

At the time of writing, i.e., September 2026, the ECI comprises three commissioners – CEC Gyanesh Kumar along with two Election Commissioners – Sukhbir Singh Sandhu and Vivek Joshi.