UPSC HOTSPOT

Removal of Chief Election Commissioner (CEC) & Election Commissioners 👉 Article 324 – Election Commission of India The Election Commission of India consists of: 🔹Chief Election Commissioner (CEC) 🔹Such number of other Election Commissioners (ECs) as the President may from time to time fix. 🔹The President may also appoint Regional Commissioners after consultation with the Election Commission. 👉 Removal of Chief Election Commissioner (CEC) 🔸The Chief Election Commissioner can be removed from office only in the same manner and on the same grounds as a Judge of the Supreme Court. 🔸 Accordingly, the CEC can be removed by the President of India only after an address by both Houses of Parliament. 🔸The grounds for removal are proved misbehaviour or incapacity. 👉 Parliamentary Procedure for Removal of Chief Election Commissioner (CEC) 🔸Since the CEC is removable in the same manner and on the same grounds as a Judge of the Supreme Court, as per the Judges (Inquiry) Act, 1968, the following procedures are evident. 🔸A motion for presenting an address to the President for removal must be signed by: 🔹Lok Sabha → At least 100 members 🔹Rajya Sabha → At least 50 members 🔸The Speaker of Lok Sabha/Chairman of Rajya Sabha may admit the motion or refuse to admit it after considering the available material and consulting such persons as he/she thinks fit. 🔸If admitted, the address must be supported by special majority such as: 🔹Majority of the total membership of that House, and 🔹Two-thirds majority of members present and voting. 🔸Once passed by the required majority, the recommendation to be forwarded to the President for the removal of Chief Election Commissioner and the President must act upon the recommendation by the Parliament in the matter. 📌 Important Note - The President cannot remove the CEC merely on his/her own discretion. 👉 Removal of Other Election Commissioners (ECs) 🔸The Constitution provides different protection to Election Commissioners other than the CEC. 🔸An Election Commissioner cannot be removed by the President except on the recommendation of the CEC. 🔸 Therefore, removal of CEC → Removal like Supreme Court Judge 🔸 Removal of other ECs → Removal by President only on CEC's recommendation 📌 Important Note - The other Election Commissioners do not enjoy the same constitutional protection as the CEC. 👉 Chief Election Commissioner and Other Election Commissioners Act, 2023 🔸It provides the statutory framework concerning the appointment, conditions of service and term of office of the CEC and other ECs. 🔸The President appoints the CEC and other Election Commissioners by warrant under his hand and seal. 🔸The appointment is made on the recommendation of the Selection Committee consists of 🔹Prime Minister - Chairperson 🔹Union Cabinet Minister nominated by the Prime Minister 🔹Leader of Opposition in Lok Sabha (If there is no recognised Leader of Opposition, the leader of the largest opposition party in the Lok Sabha is included). 🔸A separate Search Committee prepares a panel of persons for consideration by the Selection Committee. The Search Committee consists of 🔹Cabinet Secretary - Chairperson 🔹Two other members, not below the rank of Secretary to the Government of India. 🔸The Search Committee prepares a panel of five persons for consideration by the Selection Committee. 👉 Eligibility / Qualifications 🔸The CEC and other ECs shall be appointed from among persons who: 🔹are holding or have held a post equivalent to the rank of Secretary to the Government of India. 🔹are persons of integrity 🔹have knowledge of and experience in management and conduct of elections. 👉 Term of Office - 6 years or 65 years of age 👉 Reappointment 🔸Not eligible for re-appointment. 🔸However, an Election Commissioner may be appointed as the CEC subject to the overall statutory limit. 👉 Conditions of Service - Salary and conditions are linked to those applicable to the Cabinet Secretary. #Polity