Chief Election Commission Latest News
- Notices seeking the removal of Chief Election Commissioner Gyanesh Kumar were rejected due to a lack of evidence.
Office of the Chief Election Commissioner
- The Chief Election Commissioner (CEC) is the head of the Election Commission of India, a constitutional body established under Article 324 of the Constitution.
- The Commission is responsible for conducting free and fair elections to Parliament, State Legislatures, and the offices of the President and Vice-President.
Appointment of CEC
- The CEC is appointed by the President of India.
- As per the Chief Election Commissioner and Other Election Commissioners Act, 2023, the appointment is made on the recommendation of a selection committee comprising:
- Prime Minister,
- Leader of the Opposition in the Lok Sabha, and
- One Union Cabinet Minister.
- This aims to bring transparency and balance in the selection process.
Tenure
- The CEC holds office for a term of six years or until the age of 65 years, whichever is earlier.
- The conditions of service cannot be varied to their disadvantage after appointment, ensuring independence.
Powers and Functions
- The Election Commission, headed by the CEC, enjoys wide-ranging powers under Article 324.
- These include:
- Superintendence, direction, and control of elections.
- Preparation and revision of electoral rolls.
- Conduct of free and fair elections.
- Monitoring election expenditure and enforcing the Model Code of Conduct.
- The Commission also has plenary powers to act in areas where laws are silent, ensuring the integrity of the electoral process.
Removal Process
- The removal of the CEC is similar to that of a Supreme Court judge.
- Under Article 324(5), the CEC can be removed only on grounds of proved misbehaviour or incapacity. The process requires:
- A motion passed in both Houses of Parliament.
- Special majority (majority of total membership and two-thirds of members present and voting).
- This high threshold ensures institutional independence and protects the office from arbitrary removal.
News Summary
- Rajya Sabha Chairman C.P. Radhakrishnan and Lok Sabha Speaker Om Birla rejected notices submitted by Opposition MPs seeking the removal of Chief Election Commissioner Gyanesh Kumar.
- The presiding officers held that the Opposition failed to provide sufficient proof and that the allegations did not establish a prima facie case of “misbehaviour,” which is a constitutional requirement for removal.
- The notices were signed by 63 Rajya Sabha members and 130 Lok Sabha members and included seven charges against the CEC. These charges were examined in detail and subsequently rejected.
- The presiding officers stated that the allegations either lacked evidence, related to matters already adjudicated, or were currently under judicial consideration.
- They emphasised that such issues did not meet the “high constitutional bar” required to initiate removal proceedings under Articles 324(5) and 124(4).
Allegations Made Against the CEC
- Several specific allegations were addressed. Claims regarding the CEC’s appointment being “tainted” were dismissed, as the pendency of a legal challenge does not constitute misbehaviour.
- Similarly, allegations of bias or differential treatment between the government and the opposition lacked demonstrable evidence.
- The refusal to share electoral data or provide machine-readable electoral rolls was found to be consistent with legal provisions and Supreme Court directions, including considerations of privacy under the Puttaswamy judgment.
- Issues related to the Special Intensive Revision (SIR) of electoral rolls were also examined.
Basis of Rejection of the Allegations
- The presiding officers reiterated that the Election Commission has plenary powers under Article 324 and that the Supreme Court has affirmed its competence in such matters.
- Allegations of contempt of court and lack of institutional independence were rejected as either falling under judicial jurisdiction or being vague and unsupported by evidence.
- Overall, the decision reinforced the constitutional safeguards surrounding the office of the CEC and highlighted the stringent standards required for initiating removal proceedings.
Source: TH
Chief Election Commissioner FAQs
Q1: Who appoints the Chief Election Commissioner?
Ans: The President of India appoints the CEC on the recommendation of a selection committee.
Q2: What is the tenure of the CEC?
Ans: Six years or until the age of 65 years, whichever is earlier.
Q3: Under which Article is the Election Commission established?
Ans: Article 324 of the Constitution.
Q4: How can the CEC be removed?
Ans: Through a parliamentary process similar to the removal of a Supreme Court judge.
Q5: Why was the recent removal plea rejected?
Ans: Due to lack of evidence and failure to meet the constitutional standard of “misbehaviour.”