Article 3: Chief Election Commissioner (CEC) and Removal
Why in news: Opposition parties are preparing a fresh parliamentary motion seeking the removal of CEC Gyanesh Kumar following reported internal objections by two Election Commissioners over decisions related to electoral-roll revision.
Key Details
- Article 324 establishes the Election Commission of India (ECI) as a constitutional body headed by the CEC and other Election Commissioners.
- The CEC and ECs have a tenure of six years or until 65 years, whichever is earlier, under the 2023 Act.
- The CEC can be removed only like a Supreme Court judge, requiring a parliamentary address supported by the prescribed special majority.
- Election Commissioners can be removed by the President on the recommendation of the CEC, unlike the CEC's removal process.
- Strong removal safeguards aim to protect the independence, impartiality and credibility of the ECI and ensure free and fair elections.
Constitutional Position
- The Election Commission of India (ECI) is a constitutional body under Article 324.
- It consists of the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs) as the President may decide.
- The President appoints the CEC and other Election Commissioners, subject to the law made by Parliament.
Tenure and Conditions of Service
- The CEC and Election Commissioners hold office for a term of six years or until attaining 65 years of age, whichever is earlier.
- Their conditions of service and tenure are governed by the Chief Election Commissioner and Other Election Commissioners Act, 2023.
- The CEC enjoys stronger constitutional protection against removal than the other Election Commissioners.
Removal of the CEC
- The CEC can be removed from office only in the same manner and on the same grounds as a Supreme Court judge.
- The President can remove the CEC only after both Houses of Parliament pass an address for removal.
- The address requires:
- Majority of the total membership of each House; and
- A two-thirds majority of members present and voting.
- The grounds for removal are proved misbehaviour or incapacity.
Removal of Election Commissioners
- The Election Commissioners cannot be removed by the President in the same manner as the CEC.
- They can be removed by the President on the recommendation of the CEC.
- This difference provides the CEC with a degree of protection and authority over the other Election Commissioners.
Importance of Removal Safeguards
- The high threshold for removing the CEC is intended to protect the independence and impartiality of the Election Commission.
- It prevents the executive from removing the CEC merely because of disagreement with the Commission's decisions.
- These safeguards are important for maintaining free and fair elections and public confidence in the electoral process.
Conclusion
The removal safeguards for the CEC are designed to protect the independence and impartiality of the Election Commission. A high parliamentary threshold prevents arbitrary removal and strengthens institutional autonomy. At the same time, clear accountability mechanisms are necessary to maintain public trust. A balance between institutional independence, transparency and accountability is essential for ensuring credible and free elections.
Descriptive question:
Which of the following statements are correct in respect of the removal of the Chief Election Commissioner (CEC):
- The Chief Election Commissioner can be removed from office only in a manner and on grounds similar to those applicable to the removal of a Judge of the Supreme Court.
- The CEC can be removed by the President of India after an address by both Houses of Parliament, supported by the required special majority.
- Other Election Commissioners can be removed by the President only on the recommendation of the Chief Election Commissioner.
Select the answer using the code given below:
- 1 and 2 only
- 2 and 3 only
- 1 and 3 only
- 1, 2 and 3
Answer: d
Source: The Indian Express