Context: After the Election Commission of India dismissed allegations of electoral fraud as “baseless and invalid”, the INDIA bloc is considering moving a motion of removal of the Chief Election Commissioner (CEC) during the ongoing session of Parliament.
Relevance of the Topic:Prelims: Removal process of the Chief Election Commissioner (CEC).
About Election Commission of India
- The Election Commission is a permanent and an independent body established by the Constitution of India directly to ensure free and fair elections in the country.
- Article 324 of the Constitution provides that the power of superintendence, direction, and controlof elections vested in the Election Commission, related to:
- Parliament
- State legislatures
- Office of President of India
- Office of Vice-President of India
- Election Commission is an All-India body i.e., it is common to both the Central government and the state governments.
Chief Election Commissioner of India
Article 324 of the Constitution and the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 lay down provisions regarding the appointment, tenure, and removal of the CEC.
- Article 324(2):
- Election Commission shall consist of the Chief Election Commissioner and such number of Election Commissioners, as the President may fix from time-to-time.
- Appointment of the Chief Election Commissioner and other Election Commissioners are made by the President, subject to the law enacted by the Parliament. Parliament has enacted the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- The Election Commission was a single-member body when it was set up in 1950. This system lasted until 1989 with the CEC as the lone member. After the Election Commission Amendment Act 1989, it became a multi-member body. Since then, it has been a three-member body (1 CEC + 2 ECs).
- Tenure: The CEC has a tenure of up to six years or up to the age of 65, whichever is earlier.
Removal Process of Chief Election Commissioner of India:
- The CEC or an EC can resign from his office at any time by writing under his hand addressed to the President.
- CEC can only be removed from office through the process of impeachment requiring two-thirds majority of the Lok Sabha and the Rajya Sabha or on grounds of proven misbehaviour or incapacity.
- CEC cannot be removed from his office except in like manner and on like grounds as needed for the removal of a Supreme Court judge.
- A motion supported by 50 MPs of the Rajya Sabha or 100 MPs of the Lok Sabha has to be moved in Parliament and passed by the House with a two-thirds majority of those present.
- ECs cannot be removed from office except on the CEC's recommendation.
Immunity to Chief Election Commissioner:
- Clause 16 of the CEC and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 grants immunity to the CEC and ECs from any legal action for decisions taken while in office.
- No court shall entertain or continue any civil or criminal proceedings against any person who is or was a CED or an EC for any act, thing or word, committed, done or spoken by him when, or in the course of act in the discharge of his official duty or function.