Opposition's Move to Remove Chief Election Commissioner

The Congress, along with joint opposition parties, is preparing to move a motion in both Houses of Parliament to remove Chief Election Commissioner (CEC) Gyanesh Kumar. This follows internal criticisms raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi regarding the functioning of the Election Commission of India (ECI).

Process of Appointment of Election Commissioners

• Authority: The ECI is responsible for conducting free and fair elections in India.
• Constitutional Provision: Article 324 of the Constitution and the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 governs the appointment and removal of the CEC.
• Selection Committee: The President appoints the CEC upon recommendation from a committee comprising the Prime Minister, Leader of the Opposition (LoP), and a Union Cabinet member.
• Eligibility: Candidates must have held secretary-level positions and be persons of integrity with experience in elections.
• Tenure: The CEC is appointed for six years or until the age of 65, whichever is earlier.

Removal Process of the Chief Election Commissioner

• Constitutional Safeguard: Article 324(5) states the CEC can be removed like a Supreme Court judge, ensuring high protection against political pressure.
• Grounds for Removal: Article 124(4) specifies removal on grounds of "proved misbehavior or incapacity."
• Initiation of Removal: Requires a notice of motion signed by at least 100 MPs in Lok Sabha and 50 in Rajya Sabha.
• Parliamentary Procedure: If admitted, an enquiry committee investigates the charges. A two-thirds majority in both Houses is needed for removal.
• President's Role: The President orders the removal once the motion passes, based on Parliament's advice.

Historical Context

• Impeachment Status: No CEC has been impeached in India.
• Past Attempt: In April, impeachment motions against CEC Kumar by the Opposition were rejected without reasons by presiding officers.
• Allegations: Accusations included partisan and discriminatory conduct, linked to the Special Intensive Revision (SIR) of electoral rolls.

This detailed summary outlines the Opposition's strategy, the procedural framework for the appointment and removal of the CEC, and the historical context relevant to the current political discourse.