Removal of the Chief Election Commissioner

Source: TH

Subject: Polity

Context: The INDIA bloc parties, led by the Trinamool Congress, are set to move an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar.

About Removal of the Chief Election Commissioner:

What it is?

• The removal of the CEC is a formal, quasi-judicial process designed to ensure the independence of the Election Commission of India (ECI) from executive interference. To protect the sanctity of the democratic process, the CEC is granted security of tenure similar to that of a judge of the Supreme Court of India.

Constitutional Article:

• Article 324(5): This article explicitly states that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court.

Criteria for Removal:

A CEC can only be removed on two specific grounds:

• Proved Misbehavior: Acts that violate the code of conduct or involve corruption/partiality.

• Incapacity: Physical or mental inability to perform the duties of the office.

Procedure for Removal:

The process is rigorous and requires a Special Majority in Parliament:

• Initiation: A motion must be signed by at least 100 members in the Lok Sabha or 50 members in the Rajya Sabha and submitted to the Speaker/Chairman.

• Investigation: If the motion is admitted, the Chair constitutes a three-member committee to investigate the charges.

• Parliamentary Vote: If the committee finds the CEC guilty, the motion is taken up for voting. It must be passed by: A majority of the total membership of that House. A majority of not less than two-thirds of the members present and voting.

• A majority of the total membership of that House.

• A majority of not less than two-thirds of the members present and voting.

• Presidential Order: Once both Houses pass the motion in the same session, an address is presented to the President of India, who then issues the formal order of removal.

• Note: Unlike the CEC, other Election Commissioners or Regional Commissioners can be removed by the President simply on the recommendation of the Chief Election Commissioner.

Significance:

• By making the removal process difficult, the Constitution ensures the CEC can function without fear of being sacked by the ruling government for unfavorable decisions.

• The involvement of the Judiciary (via the investigation committee) and the Legislature (via voting) prevents arbitrary executive action.