Opposition parties in India, grouped under the INDIA bloc, are discussing a motion to remove Chief Election Commissioner (CEC) Gyanesh Kumar, following his recent press conference and alleged politically charged statements.

Appointment Process

• Constitutional Provision – Article 324: It states that the Election Commission will comprise the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs), as the President may decide.  
• Statutory provisions: The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 regulates their appointment, service conditions, tenure, etc.
• Appointing Authority: President of India, based on recommendation from a three-member selection committee:
  • Prime Minister
  • Leader of the Opposition in Lok Sabha
  • One Union Cabinet member
• Search Committee: Led by the Law Minister, submits a panel of candidates to the Selection Committee, ensuring a structured and rigorous selection process.
• Eligibility: Eligible candidates must hold (or have held) positions equivalent to Secretary to the central government.
• Term and reappointment: Members of the Election Commission will hold office for six years, or until they attain the age of 65 years, whichever is earlier.
  • Members of the Commission cannot be re-appointed.  
  • If an EC is appointed as a CEC, the overall period of the term may not be more than six years.
• Salary and pension: The salary, allowances, and other conditions of service of the CEC and ECs will be equivalent to that of the Cabinet Secretary. 
• Roles and Functions: Election Commissioners play a crucial role in maintaining the integrity of elections. Their key responsibilities include:
  • Supervising, directing, and controlling elections to Parliament, State Legislatures, and the offices of the President and Vice President.
  • Framing general election rules.
  • Determining constituencies and preparing electoral rolls.
  • Granting recognition and symbols to political parties.
  • Setting election dates and appointing polling officers.
  • Ensuring compliance with the Model Code of Conduct and other electoral guidelines.

Constitutional & Legal Basis for Removal

• Constitution: Article 324(5) — CEC can be removed “in like manner and on the like grounds as a Supreme Court judge.”
• Law: Section 11(2) of the CEC and Other Election Commissioners Act, 2023 echoes the constitutional provision.
• Grounds:
• • Proved misbehaviour – includes corruption, abuse of office, or actions incompatible with the CEC’s duties.
  • Incapacity – inability to perform official duties.

Steps to Remove the CEC

• Notice of Motion: Members of both Houses of Parliament must submit a motion explicitly alleging misbehaviour or incapacity.
• Enquiry/Investigation: A committee is formed to examine the evidence supporting the charges.
• Parliamentary Vote: Motion must be passed by a two-thirds majority of members “present and voting” in both Lok Sabha and Rajya Sabha.
• Presidential Action: Once the motion is successfully passed, the President orders the removal of the CEC.
  • There is no discretion for the President; it is a constitutional obligation to act on Parliament’s decision.

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