News: The opposition parties threaten the impeachment of Chief Election Commissioner (CEC) and action against the two election commissioners.
Chief Election Commissioner (CEC) – Appointment and Removal
Constitutional and Legal Provisions
- 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.
Process of Appointment
- Appointed by: The CEC and Election Commissioners are appointed by the President of India.
- Selection committee: They are appointed upon the recommendation from a three-member selection committee comprising the Prime Minister, the Leader of the Opposition (LoP) in the Lok Sabha, and one member of the Union Cabinet.
- Conditions
- Those appointed should have previously held secretary-level positions in the Government.
- They should be “persons of integrity, who have knowledge of and experience in management and conduct of elections.
- Tenure: The appointments are made for a tenure of six years or until the age of 65 years, whichever comes first.
- Service conditions: The CEC enjoys the same services and monetary benefits that are extended to justices of the Supreme Court.
- Immunity: Clause 16 of the 2023 Act grants immunity to the CEC and ECs from any legal action for decisions taken while in office.
- Resignation: According to Clause 11(1) of the Act, the CEC or an EC can, at any time, by writing under his hand addressed to the President, resign from his office.
Process of Removal
- Constitutional and legal provision: Article 324(5) of the Constitution states that the CEC can be removed from office only in like manner and on the like grounds as a Judge of the Supreme Court.
- This framing can also be found in Section 11(2) of the 2023 Act.
- Any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
- Grounds of removal: The removal can only be on the ground of proved misbehavior or incapacity.
- Misbehaviour can comprise any corrupt practices or abuse of office.
- Incapacity refers to a situation where the officer is unable to perform her duties.
