Chief Election Commissioner

Chief Election Commissioner

  • Context:

  • The Chief Election Commissioner (CEC) is currently at the centre of a political storm.

  • The Indian National Developmental, Inclusive Alliance (INDIA) bloc is reportedly planning to move an impeachment motion against him.

  • Basics of the Election Commission:

  • The Election Commission of India is a permanent constitutional body established to ensure free and fair elections.

  • Originally a single-member body, it currently operates as a multi-member body consisting of one CEC and two Election Commissioners (ECs), a structure that has been in place since 1993.

  • The CEC is appointed for a term of six years or until attaining the age of 65 years, whichever is earlier.

  • They are ineligible for reappointment after retirement.

  • Selection Process Under the 2023 Act: The selection mechanism was recently overhauled by The CEC and Other Election Commissioners Bill, 2023, which replaced the 1991 Act:

  • Selection Committee:

  • The CEC is appointed by the President upon the recommendation of a Selection Committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition (or leader of the largest opposition party) in the Lok Sabha.

  • Search Committee:

  • A Search Committee, headed by the Cabinet Secretary, proposes a panel of names to the Selection Committee.

  • Independence and Concerns:

  • The 2023 Act equated the salary and conditions of service of the CEC to that of a Cabinet Secretary.

  • Under the previous 1991 Act, it was equivalent to the salary of a Supreme Court Judge.

  • Critics point out that the Selection Committee's composition gives the ruling government a clear majority (PM and a Cabinet Minister), raising concerns about the institution's independence.

  • Removal Process:

  • Under Article 324(5) of the Constitution, the CEC enjoys security of tenure and can only be removed through a process similar to the impeachment of a Supreme Court judge.

  • A removal motion requires support by a two-thirds majority of members present and voting in both the Lok Sabha and the Rajya Sabha.

  • To be introduced, the motion must be signed by at least 100 members in the Lok Sabha or 50 members in the Rajya Sabha.

  • Once moved, the Chair constitutes a special committee to investigate.

  • If found guilty, a final vote is held, and the President issues the removal order.