Removal of the Chief Election Commissioner (CEC)

Source: DH

Subject: Polity

Context: West Bengal Chief Minister stated that the TMC is open to working with the Congress and other Opposition parties to initiate impeachment proceedings against Chief Election Commissioner (CEC) Gyanesh Kumar.

About Removal of the Chief Election Commissioner (CEC):

Who is the Chief Election Commissioner?

• The Chief Election Commissioner (CEC) is the head of the Election Commission of India (ECI), a constitutional body entrusted with the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of the President and Vice-President.

Constitutional article associated:

• Article 324 of the Constitution of India Establishes the Election Commission of India Provides for its composition, powers, and independence

• Establishes the Election Commission of India

• Provides for its composition, powers, and independence

Appointment of the CEC:

• Appointed by the President of India.

• As per the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: Selection is based on the recommendation of a three-member committee consisting of: Prime Minister Leader of Opposition in Lok Sabha A Union Cabinet Minister nominated by the PM

• Selection is based on the recommendation of a three-member committee consisting of: Prime Minister Leader of Opposition in Lok Sabha A Union Cabinet Minister nominated by the PM

• Prime Minister

• Leader of Opposition in Lok Sabha

• A Union Cabinet Minister nominated by the PM

• Tenure: 6 years or till the age of 65 years, whichever is earlier.

Removal process of the CEC:

• Article 324(5) provides that the CEC can be removed in like manner and on like grounds as a Judge of the Supreme Court.

• This links the process to Article 124(4) (removal of SC judges)

Grounds for removal:

• Proved misbehaviour (e.g., abuse of office, corruption, failure to discharge constitutional duties)

• Incapacity (physical or mental inability to perform duties)

Procedure:

• Notice of motion introduced: A formal written notice alleging proved misbehaviour or incapacity of the CEC is introduced in either House of Parliament to initiate proceedings.

• Support by requisite MPs: The motion must be backed by a minimum number of Members of Parliament, ensuring that removal is not triggered by frivolous or partisan allegations.

• Inquiry by a committee: An independent inquiry committee is constituted to investigate the charges, examine evidence, and establish whether misbehaviour or incapacity is proved.

• Special majority in both Houses: The motion must secure a constitutional special majority—a majority of total membership and two-thirds of members present and voting—in both Lok Sabha and Rajya Sabha.

• Presidential order of removal: Once Parliament adopts the motion, the President formally orders removal, acting without discretion and in accordance with Parliament’s decision.