The current news around the removal of the Chief Election Commissioner (CEC) of India centers on political tensions, particularly involving Chief Election Commissioner Gyanesh Kumar.

• The Opposition bloc named INDIA is considering initiating a motion to remove him, citing allegations of poll irregularities and "vote theft," particularly related to the Special Intensive Revision of electoral rolls in Bihar and the 2024 Lok Sabha elections.
• In recent statements, the CEC has strongly condemned the vote fraud allegations by opposition leaders like Rahul Gandhi, calling them insults to the Constitution and warning for affidavits to substantiate such claims.

Process of appointment

The process for appointment of the Chief Election Commissioner (CEC) of India is governed by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The key points of the appointment process are:

• A Search Committee, headed by the Minister of Law and Justice and including two other members of Secretary rank or above, first prepares a panel of five candidates.
• This panel is then submitted to a Selection Committee which consists of the Prime Minister (as Chairperson), the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
• The Selection Committee may select the CEC from the panel or consider other eligible persons beyond the panel.
• The President of India appoints the Chief Election Commissioner based on the recommendation of the Selection Committee.
• Eligibility criteria for appointment include being a serving or retired Secretary-level officer with knowledge and experience in election management.
• The senior-most member of the Election Commission is usually appointed as the Chief Election Commissioner.
• The term of the CEC is six years or until the age of 65, whichever is earlier.
• The CEC cannot be reappointed and the total tenure as Election Commissioner and Chief Election Commissioner combined cannot exceed six years.
• Removal of the CEC is only possible through impeachment, similar to a Supreme Court judge, requiring a two-thirds majority in both Houses of Parliament.

 
Process of removal

The Chief Election Commissioner (CEC) of India can be removed only through a rigorous process designed to ensure independence and integrity. The removal process is the same as that of a Supreme Court judge, as laid down in Article 324(5) of the Constitution.
The key points are:

• The CEC can be removed only on grounds of "proved misbehaviour" or "incapacity."
• Under Article 124(4) of the Constitution, which outlines the removal procedure for Supreme Court judges, removal is permitted solely on grounds of “proved misbehaviour or incapacity.”
• Misbehaviour generally refers to corrupt acts, abuse of power, or conduct inconsistent with the role of the CEC, while incapacity denotes the inability to carry out official duties.
• The process begins with a notice of motion in either House of Parliament, explicitly alleging misbehaviour or incapacity.
• Once admitted, a committee of enquiry investigates the charges. For the motion to succeed, it must be passed by a two-thirds majority of members present and voting in both Houses of Parliament.
• If the motion passes, the President formally removes the CEC. In this matter, the President has no discretionary power, acting strictly in accordance with Parliament’s decision

The CEC has protections similar to those of a Supreme Court judge, ensuring independence from executive interference.
Other Election Commissioners can only be removed on the recommendation of the CEC.
The tenure of the CEC is six years or up to the age of 65 years, whichever is earlier.
This stringent process ensures that the CEC holds office with a high degree of autonomy and stability, essential for the impartial conduct of elections in India.

Constitution and Election Commission of India

The Election Commission of India (ECI) is a constitutional body established under Article 324 of the Indian Constitution. It is tasked with the superintendence, direction, and control of elections to the Parliament, State Legislatures, and the offices of the President and Vice-President of India. It operates as an autonomous authority to ensure free and fair elections in India.
Constitutional Provisions:

• The ECI is constituted under Part XV of the Constitution (Articles 324 to 329).
• Article 324 vests the power of superintendence, direction, and control of electoral processes to the Election Commission.
• Articles 325-329 deal with various aspects such as qualifications for voters, adult suffrage, legislative powers concerning elections, and judiciary limitations in electoral matters.

Composition and Appointment:

• The Commission consists of a Chief Election Commissioner (CEC) and two Election Commissioners.
• They are appointed by the President of India.
• The Chief Election Commissioner enjoys security of tenure, removable only through an impeachment process similar to that of a Supreme Court judge.
• Election Commissioners can be removed by the President based on the Chief Election Commissioner's recommendation.
• The term is generally a maximum of six years or until the age of 65, whichever is earlier.

Powers and Functions:

• The ECI conducts elections for the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of President and Vice-President.
• It prepares and revises electoral rolls.
• It decides election schedules, locations of polling and counting stations.
• It recognizes political parties and allots election symbols.
• It enforces a Model Code of Conduct to ensure fair play.
• It has advisory, administrative, and quasi-judicial roles.

Independence and Security:

The constitution provides measures for the independence and impartiality of the Commission by safeguarding the tenure and conditions of service of the CEC.
The ECI operates independently of the government to avoid political interference.

Limitations:

• The Constitution does not specify the qualifications, exact term length, or bar retired members from reappointment.
• The appointment process now involves a selection committee including the Prime Minister, leader of opposition, and a member nominated by the Prime Minister (replacing the Chief Justice after a 2023 law).
• The Election Commission is a cornerstone institution maintaining the democratic fabric of India by ensuring elections are conducted in a free, fair, transparent, and efficient manner.

Composition of the Election Commission of India (ECI)

The composition of the Election Commission of India (ECI) has evolved over time as follows:

• From 1950 to 1989: The Election Commission was a single-member body, consisting solely of the Chief Election Commissioner (CEC).
• October 1989: The commission was made a multi-member body for the first time by the Election Commissioner Amendment Act, 1989. It then had the Chief Election Commissioner and two Election Commissioners. This was done to cope with the increasing workload following the reduction of voting age from 21 to 18.
• January 1990: The multi-member structure was abolished, and the commission reverted back to a single-member body by abolishing the posts of Election Commissioners. This move was challenged in the Supreme Court but upheld, stating the President had the power to create or abolish posts of Election Commissioners.
• October 1993: The commission was restored to the three-member format (one Chief Election Commissioner and two Election Commissioners) where it stands today. Since then, all commissioners have had equal powers and equal status, including salary comparable to a Supreme Court judge.
• Subsequent legal and legislative developments: The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 and its 1993 amendment formalized equal status and remuneration of the CEC and other Election Commissioners. Recently, in 2023, a new bill was introduced to regulate the appointment, conditions, and tenure to enhance independence and transparency following Supreme Court recommendations.
• Thus, the Election Commission started as a single-member body for nearly four decades, briefly became multi-member in 1989, reverted to single-member in 1990, and finally stabilized as a three-member body from 1993 onwards, with equal powers among its members.
• The Chief Election Commissioner and the other election commissioners are appointed by the President, who also determines their terms of office and service conditions. All commissioners, including the CEC, receive the same salary, benefits, and powers as judges of the Supreme Court.
• If there is a disagreement among the three members, decisions are made by a majority vote. Commissioners serve a term of up to six years or until they reach the age of 65, whichever comes first. They hold a status equivalent to that of Supreme Court justices in India.
• The Chief Election Commissioner can only be removed from office through the same process used to remove a Supreme Court judge. This involves the President dismissing the CEC based on a resolution supported by a special majority in both Houses of Parliament, on grounds of proven misconduct or incapacity.
• In conclusion, as outlined by the Constitution, the ECI is responsible for supervising, directing, and conducting elections for the offices of President, Vice President, state legislatures, and Parliament.
• For elections to state-level urban bodies like municipalities and panchayats, a separate State Election Commission exists. The ECI plays a crucial role in upholding the democratic process by ensuring free and fair elections for key political positions in the country

 
 

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