Chief Election Commissioner (CEC)

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Why in News?

Opposition parties recently moved a proposal seeking the removal of the Chief Election Commissioner (CEC).

Description:

Constitutional & Institutional Framework:

  • Article 324: Establishes the ECI as a permanent constitutional body.
  • Composition: 1 CEC and 2 Election Commissioners (multi-member since 1993).
  • Status: The CEC is “first among equals” with the same salary and powers as Election Commissioners.

Appointment Mechanism (Act of 2023):

The Chief Election Commissioner and Other Election Commissioners Act, 2023 regulates the process:

AspectProvision
Appointing AuthorityPresident of India
Search CommitteeHeaded by the Cabinet Secretary; suggests 5 names.
Selection CommitteePM (Chair), Leader of Opposition/Single Largest Party (LS), and a Union Cabinet Minister (nominated by PM).
Tenure6 years or up to 65 years of age (whichever is earlier).
ReappointmentNot eligible for reappointment.

Removal of the CEC vs. ECs:

The Constitution provides distinct levels of security for the CEC compared to other Commissioners:

A.   Chief Election Commissioner (CEC):

  • Article 324(5): Removed only in the “same manner and on the same grounds as a Judge of the Supreme Court.”
  • Authority: President of India (after Parliamentary approval).
  • Grounds: Proved misbehaviour or incapacity.
  • Parliamentary Majority: Requires a Special Majority in both Houses:
    • Majority of total membership of the House.
    • Two-thirds of members present and voting.

B.   Election Commissioners (ECs):

  • Process: Removed by the President only on the recommendation of the CEC.
  • Safeguard: They do not require the parliamentary removal process (impeachment-style) but are protected from arbitrary executive dismissal by the CEC’s recommendation requirement.

Removal Procedure:

  1. Motion: Signed by 100 (LS) or 50 (RS) members.
  2. Admission: Speaker/Chairman admits the motion.
  3. Inquiry: A 3-member committee investigates the charges.
  4. Voting: Both Houses pass the motion via Special Majority.
  5. Order: President issues the formal removal order.

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