Motion in both Houses, 2/3rds majority: Process to remove CEC, Pg4

Key Highlights:

• Congress Leader Rahul Gandhi demanded the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar following an investigation into internal criticisms within the Election Commission of India (ECI).
• The Opposition plans to move a motion in both Houses of Parliament for the removal of the CEC.
• The CEC can only be removed from office "in like manner and on the like grounds as a Judge of the Supreme Court" under Article 324(5) of the Constitution.
• Removal requires a special majority, specifically a two-thirds majority of members "present and voting" in both Lok Sabha and Rajya Sabha.

Detailed Insights:

• The Election Commission of India (ECI) is a constitutional body responsible for conducting free and fair elections in the country.
• The appointment of the CEC and Election Commissioners (ECs) is governed by Article 324 and the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
• A three-member selection committee, comprising the Prime Minister, the Leader of the Opposition (LoP), and one Union Cabinet member, recommends appointments to the President.
• Appointees must have held secretary-level positions and possess integrity and experience in election management.
• The grounds for removal are "proved misbehavior or incapacity," as outlined in Article 124(4) for Supreme Court judges.
• To initiate a removal motion, at least 100 MPs in Lok Sabha or 50 MPs in Rajya Sabha must sign the notice.
• If admitted by the Speaker/Chairman, an inquiry committee investigates the charges of misbehavior or incapacity.
• The Judges (Inquiry) Act, 1968, provides the statutory procedure for the investigation and proof of such charges.
• Unlike the CEC, other Election Commissioners can only be removed on the recommendation of the Chief Election Commissioner.
• No CEC has ever been removed through this process; a previous motion against CEC Kumar was rejected by presiding officers.

Key Concepts Involved:

• Chief Election Commissioner (CEC): The head of the Election Commission of India, responsible for the superintendence, direction, and control of elections.
• Election Commission of India (ECI): An autonomous constitutional body tasked with administering election processes for Parliament, state legislatures, and the offices of President and Vice-President.
• Removal of Constitutional Authorities: A formal parliamentary process, similar to impeachment for the President, to remove high government officials like judges or the CEC for specific constitutional grounds.
• Proved Misbehavior or Incapacity: The constitutional grounds for the removal of a Supreme Court judge or CEC, implying serious misconduct or an inability to perform duties.
• Special Majority: A parliamentary voting requirement needing a majority of the total membership of the House and a two-thirds majority of members present and voting.