Opposition to move a motion in Parliament to remove Chief Election Commissioner (CEC) | Current Affairs | Vision IAS

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ESC

In Summary

  • The Election Commission of India (ECI) is a permanent Constitutional Body under Article 324, overseeing national and state elections.
  • The ECI comprises one Chief Election Commissioner (CEC) and two Election Commissioners (ECs), appointed by the President based on a Selection Committee's recommendation.
  • CEC and ECs serve a 6-year term or until age 65, with their status and salary equivalent to SC Judges; CEC removal requires SC Judge-like procedure, while ECs can be removed on CEC's recommendation.

In Summary

  • According to Article 324 of the Constitution, CEC can be removed in the manner and grounds same as the judge of the SC. This includes proved misbehaviour or incapacity. 
    • However, the Election Commissioners, can be removed on the recommendation of the Chief Election Commissioner.

About Election Commission of India

  • About: It is a permanent Constitutional Body. 
    • Article 324 has vested the power of superintendence, direction and control of elections to Parliament, State Legislatures, offices of President and Vice-President with the ECI. 
  • Composition: The Election Commission on India is composed of 1 CEC & such number of other Election Commissioners, as the President may fix.
    • Currently, consists of one CEC and two ECs.
  • Decision Making: Consensus based or majority vote amongst the CEC and ECs.
  • Conditions of Service: CEC & Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 lays down provisions regarding the appointment, tenure, and removal of the CEC.
    • This Act repealed the Election Commission (conditions of service) 1991 Act. 
  • Appointment: President appoints CEC and ECs based on recommendation of Selection Committee (PM, Cabinet Minister nominated by PM and LoP)
  • Tenure: 6 years or 65 years of age whichever is earlier.
  • Status, Salary, and Perks: Same as the Judges of the Supreme Court (SC). 
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RELATED TERMS

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Selection Committee

The committee responsible for recommending a name to the President for the appointment of CEC and ECs. Its composition, as defined by the 2023 Act, is Prime Minister (Chair), one Union Cabinet Minister, and the Leader of Opposition in the Lok Sabha.

Conditions of Service, etc. Act, 2023

This Act lays down the provisions for the appointment, tenure, and removal of the Chief Election Commissioner and other Election Commissioners. It repealed the earlier 1991 Act on the same subject.

Proved misbehaviour or incapacity

These are the grounds for the removal of a Judge of the Supreme Court, and by extension, the Chief Election Commissioner (CEC) as per Article 324 of the Constitution. It implies a formal process of inquiry and judgment to establish wrongdoing or inability to perform duties.

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