Chief Election Commissioner of India

Why in News?

Recently, the opposition parties said that they were considering to move a motion of removal of the Chief Election Commissioner (CEC) during the ongoing session of Parliament.

What is constitutional basis of election commissioner?

• Chief election commissioner– The chief election commissioner of India (CEC) heads the Election Commission of India.
• Constitutional source – Article 324, part XV of the Constitution.
• Statutory backings – CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
• They lay down provisions regarding the appointment, tenure, and removal of the CEC.

How they are appointed?

• Appointing authority – The CEC and election commissioners are appointed by the President of India.
• Recommendation – Appointment is based on the recommendation from a 3 member selection committee.
• Selection committee – The Prime Minister, the Leader of the Opposition (LoP), and 1 member of the Union Cabinet.
• Qualifications – No specific qualifications prescribed by the Constitution.
  • But according to the 2023 act those appointed should have previously held secretary-level positions in the Government.
  • They should be persons of integrity, who have knowledge of and experience in management and conduct of elections.
• Tenure – The appointments are made for a tenure of 6 years or until the age of 65 years, whichever comes first.
• Allowances and benefits – The CEC enjoys the same services and monetary benefits that are extended to justices of the Supreme Court.
• Reappointment – The CEC of India is not eligible for reappointment after completing their term, according to a 2023 bill.

How they are removed?

• Article 324(5) of the Constitution – It states that the CEC can be removed from office only in like manner and on the like grounds as a Judge of the Supreme Court.
• This framing can also be found in Section 11(2) of the 2023 Act.
• The article further states that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
• With the view of shielding the ECI from political pressures, the bar for removing the CEC is purposefully set to be very high.
• Article 124(4) of the Constitution – It contains the process for removing a Supreme Court judge, removal can only be on the ground of proved misbehaviour or incapacity.
• Misbehaviour – It can comprise any corrupt practices or abuse of office.
  • Over the years, courts have interpreted this to include actions which are incompatible with the office of the CEC or the CEC’s failure to discharge her official duties.
• Incapacity – It refers to a situation where the officer is unable to perform his/her duties.
• Notice of motion – To initiate the removal of the CEC, members of both houses must bring a notice of motion explicitly alleging misbehaviour or incapacity.
• Enquiry – After the motion is admitted, an enquiry is conducted to examine the validity of the charges.
• This involves forming a committee to investigate evidence of misbehaviour or incapacity.
• Passing of motion – The motion for removal then needs to be passed by a two-thirds majority present and voting in both the houses of Parliament.
• Removal of CEC – Upon successful passage in the House, the President orders the removal of the CEC.
• There is no discretion once the constitutional requirements are met, since the President acts on the advice of Parliament in this context.

Quick facts

Reference

The Indian Express| Chief Election Commissioner of India