REMOVAL OF CHIEF ELECTION COMMISSIONER
1. Context
A day after the Election Commission of India’s (ECI’s) press conference dismissing allegations of electoral fraud as “baseless and invalid”, the INDIA bloc on Monday said it was considering moving a motion of removal of the Chief Election Commissioner (CEC) during the ongoing session of Parliament.
2. Process of appointment
- The Chief Election Commissioner (CEC) and other Election Commissioners are appointed by the President of India based on the recommendations of a three-member selection panel, which includes the Prime Minister, the Leader of the Opposition (LoP), and a Union Cabinet Minister.
- As per the 2023 Act, the appointees must be former secretary-level officers in the Government and should be individuals of proven integrity, with adequate knowledge and experience in managing and conducting elections.
- Their tenure is fixed at six years or until they attain the age of 65, whichever is earlier. The CEC is entitled to the same privileges, service conditions, and salary as a judge of the Supreme Court
3. Process of removal
.png)
- Article 324(5) of the Constitution provides that the Chief Election Commissioner (CEC) can only be removed in the same manner and on the same grounds as a Supreme Court judge.
- This safeguard is reiterated in Section 11(2) of the 2023 Act. The provision also specifies that an Election Commissioner or Regional Commissioner may be removed only if the CEC recommends it.
- This high threshold was intentionally designed to insulate the Election Commission of India (ECI) from political influence.
- Under Article 124(4) of the Constitution, which outlines the removal procedure for Supreme Court judges, removal is permitted solely on grounds of “proved misbehaviour or incapacity.”
- Misbehaviour generally refers to corrupt acts, abuse of power, or conduct inconsistent with the role of the CEC, while incapacity denotes the inability to carry out official duties.
- The process begins with a notice of motion in either House of Parliament, explicitly alleging misbehaviour or incapacity.
- Once admitted, a committee of enquiry investigates the charges. For the motion to succeed, it must be passed by a two-thirds majority of members present and voting in both Houses of Parliament.
- If the motion passes, the President formally removes the CEC. In this matter, the President has no discretionary power, acting strictly in accordance with Parliament’s decision
4.Constitution and Election Commission of India
The Constitution includes a series of articles (Articles 324–329) that grant powers to the Election Commission and outline its possible roles and responsibilities.
-
Article 324: Grants the authority for overseeing, directing, and controlling the preparation of electoral rolls and the conduct of all elections to Parliament, state legislatures, and the offices of the President and Vice-President.
-
Article 325: Prohibits exclusion from electoral rolls based on religion, race, caste, sex, or any of these factors.
-
Article 326: Establishes adult suffrage as the foundation for elections to the House of the People and State Legislative Assemblies.
-
Article 327: Allows Parliament to pass laws, in accordance with the Constitution, regarding all matters related to elections to Parliament and State Legislative Assemblies.
-
Article 328: Empowers state legislatures to enact laws concerning all matters related to elections to the state's legislative bodies.
-
Article 329: Prevents courts from interfering in electoral matters
5. ECI Responsibilities and Functions
The responsibilities and functions of the Election Commission of India (ECI) can be categorized into advisory, quasi-judicial, and administrative roles.
- Advisory: The Constitution grants the ECI the authority to advise on the post-election disqualification of sitting members of Parliament and State Legislatures. The ECI is also consulted in cases where individuals are found guilty of corrupt practices during elections, as brought before the Supreme Court and High Courts, to decide if they should be disqualified from contesting future elections and for how long. In such matters, the President or, where applicable, the Governor, is required to follow the ECI's advice.
- Quasi-Judicial: The ECI has the power to disqualify a candidate who fails to submit their election expense accounts within the legally required timeframe and format. It also has the authority to remove or reduce other legal disqualifications. Additionally, the ECI resolves disputes related to the recognition of political parties and the allocation of election symbols. The commission sets a model code of conduct and ensures compliance by all candidates and political parties during elections.
- Administrative: The ECI's administrative duties include delimiting electoral constituencies and managing the registration of eligible voters, as well as regularly updating electoral rolls. The commission is responsible for announcing election schedules and dates, reviewing nomination documents, recognizing political parties, and assigning them election symbols. The ECI can also nullify voting in cases of violence, booth capturing, tampering, or other irregularities. It oversees the financial expenditure of political parties on candidates' campaigns impartially.
The ECI also designates specific roles to register political parties for elections and grants them the status of national or state parties based on their performance in the polls. These roles include the person in charge of elections, the District Election Officer, and the Election Registration and Returning Officer
6.Composition of Election Commission of India
- Since its inception in 1950, the Chief Electoral Commissioner (CEC) was the sole member of the Election Commission of India (ECI). However, after the voting age was lowered from 21 to 18 in 1989, a large influx of new voters was added. To manage this increased workload, two additional commissioners were appointed, expanding the ECI to include three commissioners.
- In January 1990, some changes were made to the structure of the ECI, but it was soon reverted to its original form. Following discussions and debates in the political sphere, the President ultimately reconstituted the commission in 1993, adding two more commissioners, establishing the current structure of the ECI.
- The Chief Election Commissioner and the other election commissioners are appointed by the President, who also determines their terms of office and service conditions. All commissioners, including the CEC, receive the same salary, benefits, and powers as judges of the Supreme Court.
- If there is a disagreement among the three members, decisions are made by a majority vote. Commissioners serve a term of up to six years or until they reach the age of 65, whichever comes first. They hold a status equivalent to that of Supreme Court justices in India.
- The Chief Election Commissioner can only be removed from office through the same process used to remove a Supreme Court judge. This involves the President dismissing the CEC based on a resolution supported by a special majority in both Houses of Parliament, on grounds of proven misconduct or incapacity.
- In conclusion, as outlined by the Constitution, the ECI is responsible for supervising, directing, and conducting elections for the offices of President, Vice President, state legislatures, and Parliament.
- For elections to state-level urban bodies like municipalities and panchayats, a separate State Election Commission exists. The ECI plays a crucial role in upholding the democratic process by ensuring free and fair elections for key political positions in the country
|
For Prelims: Election Commission of India, Chief Election Commissioner, Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, State Election Commission, Article 324, Electronic Voting Machines (EVMs) and Voter Verified Paper Audit Trails (VVPATs).
For Mains: 1. Discuss the powers and functions of the Election Commission of India. How does the Election Commission ensure the conduct of free and fair elections in the Country? (250 words).
|
Previous year Question1. Consider the following statements: (UPSC 2017)
1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognized political parties.
Which of the statements given above is/are correct?
A. 1 and 2 only
B. 2 only
C. 2 and 3 only
D. 3 only
Answer: D
2. Consider the following statements : (UPSC 2021)
1. In India, there is no law restricting the candidates from contesting in one Lok Sabha election from three constituencies.
2. In the 1991 Lok Sabha Election, Shri Devi Lal contested from three Lok Sabha constituencies.
3. As per the- existing rules, if a candidate contests in one Lok Sabha election from many constituencies, his/her party should bear the cost of bye-elections to the constituencies vacated by him/her in the event of him/her winning in all the constituencies.
Which of the statements given above is/are correct?
A. 1 only
B. 2 only
C. 1 and 3
D. 2 and 3
Answer: B
|
Source: Indianexpress
