Chief Election Commissioner Removal Process Explained
The Election Commission of India (ECI) remains under scrutiny amid allegations of electoral fraud. Opposition parties are considering a motion to remove the Chief Election Commissioner (CEC). This has sparked renewed interest in the constitutional and legal framework governing the appointment and removal of the CEC. The process is designed to ensure the independence and integrity of the ECI in conducting free and fair elections.
Appointment of the Chief Election Commissioner
The CEC and other Election Commissioners (ECs) are appointed by the President of India. This is based on recommendations from a three-member selection committee. The committee includes the Prime Minister, the Leader of the Opposition in the Lok Sabha, and a Union Cabinet Minister. Candidates must have held secretary-level government posts and possess integrity and election management experience. The tenure is six years or until the age of 65, whichever is earlier. The CEC receives salary and benefits equal to a Supreme Court judge.
Constitutional Safeguards for Removal
Article 324(5) of the Constitution states that the CEC can only be removed “in like manner and on the like grounds” as a Supreme Court judge. This means removal requires proven misbehaviour or incapacity. The process demands a motion in Parliament, an enquiry, and a two-thirds majority vote in both houses. The President then orders the removal without discretion. Other Election Commissioners can only be removed on the CEC’s recommendation.
Legal Provisions in the 2023 Act
The Chief Election Commissioner and Other Election Commissioners Act, 2023, replaces the 1991 Act. It details qualifications, appointment procedures, tenure, salary, and removal. The Act establishes a search committee headed by the Law Minister to shortlist candidates. The selection committee recommends appointments. Reappointment is prohibited. Legal protections shield the CEC and ECs from civil or criminal proceedings for official acts.
Challenges to the Election Commission’s Autonomy
Concerns exist about government influence due to the composition of the selection committee. The removal process for ECs, unlike the CEC, depends on the CEC’s recommendation. The Act does not bar retired commissioners from future government posts, raising questions about impartiality. The ECI lacks an independent workforce and depends on government staff, affecting operational autonomy.
Operational and Emerging Challenges
The ECI faces issues like duplicate electoral rolls, voter exclusion, and electoral malpractices such as booth capturing. Voter turnout is affected by internal migration and other barriers. Security concerns in sensitive regions persist. New challenges include combating disinformation, fake news, and AI-generated deepfakes on social media platforms.
Reforms and the Way Forward
Supreme Court rulings suggest a collegium system including the Chief Justice of India to enhance appointment transparency. Recommendations call for equal removal procedures for all commissioners and barring post-retirement government jobs. Establishing an independent ECI secretariat is urged to strengthen autonomy. Legalising the Model Code of Conduct would improve enforcement. Technological innovations like remote voting machines and AI tools for detecting misinformation are proposed to modernise elections.
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