Why in News?
The Election Commission of India (ECI), Chief Election Commissioner Gyanesh Kumar and the two Election Commissioners have submitted a joint affidavit in the Supreme Court opposing petitions seeking to restrain the CEC from functioning.
The affidavit invokes the constitutional protection that the CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge. It also rejects allegations of unilateral functioning, citing statutory provisions for collective decision-making.
| UPSC Relevance: GS-2 Polity and Governance: Constitutional bodies, Electoral Reforms Prelims: Articles 324 and 124(4), Removal of the CEC and Election Commissioners, Election Commissioners Act, 2023. Mains: Constitutional bodies: Institutional independence and Accountability. |
Constitutional Position of the ECI:
Under Article 324, the ECI supervises, directs and controls the preparation of electoral rolls and elections to Parliament, State Legislatures, and the offices of President and Vice-President.
- Composition: The CEC and such number of other Election Commissioners as the President determines.
- Chairperson: Where other Election Commissioners are appointed, the CEC acts as the Commission’s chairperson.
- Institutional mandate: Electoral authority is vested in the Commission as a body, rather than exclusively in the CEC.
How can the CEC be removed?
1. Constitutional and Statutory Safeguards
- Article 324(5) protects the CEC against removal except through the procedure and grounds applicable to a Supreme Court judge. Section 11(2) of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 reiterates this protection.
- Article 324(5) also prohibits changing the CEC’s conditions of service to their disadvantage after appointment.
2. Grounds and Parliamentary Majority
Reading Article 324(5) with Article 124(4):
- Grounds of removal: Proved misbehaviour or incapacity.
- Parliamentary requirement: Each House must adopt an address seeking removal, supported by both:
- A majority of the total membership of that House; and
- At least two-thirds of members present and voting.
- Same-session requirement: The addresses must be presented to the President in the same session.
- Final authority: Removal is effected through an order of the President.
Thus, the executive cannot dismiss the CEC at will, and a simple parliamentary majority is insufficient.
3. Different Protection for Other Election Commissioners:
- Election Commissioners can be removed only on the CEC’s recommendation. They do not enjoy the same judge-like removal safeguards as the CEC.
The ECI’s independence depends on secure tenure, collective decision-making and accountability under law. The CEC’s removal safeguards protect impartial electoral administration, while majority rule ensures that the Commission functions as a constitutional institution.
Prelims Practice MCQ:
Q. Consider the following statements:
1. The CEC can be removed on the grounds of proved misbehaviour or incapacity through the constitutional procedure applicable to a Supreme Court judge.
2. Other Election Commissioners enjoy the same removal procedure as the CEC.
3. When members of the ECI differ on a matter, the majority opinion prevails under the 2023 Act.
Which of the statements given above are correct?
(a) 1 and 2 only
(b) 1 and 3 only
(c) 2 and 3 only
(d) 1, 2 and 3
Answer: (b)
Explanation: Other Election Commissioners cannot be removed except on the CEC’s recommendation; their removal procedure differs from that of the CEC.
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