Election Commission & The Removal of the Chief Election Commissioner (CEC)

Why in News?

The Opposition is preparing to move a motion seeking the removal of Gyanesh Kumar, the Chief Election Commissioner (CEC) of the Election Commission of India, alleging biased conduct.

• Election Commission - The Election Commission will consist of a Chief Election Commissioner (CEC) and other Election Commissioners (ECs). 
• The President will periodically fix the number of ECs.
• Appointment of the Commission - The Commission will be appointed by the President, upon the recommendation of the Selection Committee. 
• Selection Committee - The Selection Committee will comprise the Prime Minister, Cabinet Minister, and Leader of Opposition in Lok Sabha (or leader of the single largest opposition party).  
• A Search Committee headed by the Cabinet Secretary will suggest 5 names to the Selection Committee. 
• The Selection Committee may consider any person other than those suggested by the Search Committee.
• Eligibility criteria- The CEC and ECs must
  • Be persons of integrity,
  • Have knowledge and experience in the management and conduct of elections, and
  • Be or have been Secretary (or equivalent) to the government.

• Term and reappointment - Members of the Election Commission will hold office for 6 years, or until they attain the age of 65 years, whichever is earlier. 
• Members of the Commission cannot be re-appointed.  If an EC is appointed as a CEC, the overall period of the term may not be more than 6 years.
• Salary and pension - The salary, allowances, and other conditions of service of the CEC and ECs will be equivalent to that of the Cabinet Secretary. 

Removal of the CEC

• Constitutional Protection - Article 324(5)- The Chief Election Commissioner (CEC) of India is removed through a rigorous parliamentary impeachment process similar to a Supreme Court Judge.
• Grounds for Removal - The grounds are the same as a Supreme Court judge: "proved misbehaviour or incapacity".
• Procedure - A motion must be passed by both the Lok Sabha and Rajya Sabha with a two-thirds majority of members present and voting.
• Other ECs - Election Commissioners can be removed by the President, but only on the recommendation of the CEC.
• Legal Standing - The CEC and Other Election Commissioners Act of 2023 reaffirm this constitutional removal process.

Reference    

The Hindu | Removal of CEC Gyanesh Kumar