What does the law say about CEC’s removal?, Pg12

Key Highlights:

• Opposition parties recently sought the removal of Chief Election Commissioner (CEC) Gyanesh Kumar following an expose by The Indian Express.
• The expose claimed two Election Commissioners (ECs), Sukhbir Singh Sandhu and Vivek Joshi, formally objected multiple times over 10 months.
• Article 324 of the Constitution vests the superintendence, direction, and control of elections in the Election Commission of India (ECI).
• The CEC can be removed only in the same manner and on the same grounds as a Judge of the Supreme Court.

CEC Removal.jpg

Detailed Insights:

• For decades, the appointment of CEC and ECs was done by the President, subject to parliamentary law, which was not enacted.
• The Supreme Court in Anoop Baranwal v. Union of India (2023) mandated a three-member committee for appointments until Parliament legislated.
• This committee comprised the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India.
• Parliament enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which came into force in January 2024.
• Under the 2023 Act, the Selection Committee consists of the Prime Minister, the Leader of the Opposition, and a Union Cabinet Minister nominated by the Prime Minister.
• The 2023 law is currently challenged before the Supreme Court, questioning the replacement of the CJI with a Union Cabinet Minister.
• Removal of the CEC requires a special majority in both Houses of Parliament, as per the Judges (Inquiry) Act, 1968.
• Other Election Commissioners can only be removed on the recommendation of the CEC.
• Section 16 of the 2023 Act provides protection to CEC or EC from civil or criminal proceedings for acts done in official duty, but it does not explicitly grant blanket immunity from arrest.

Key Concepts Involved:

• Article 324: Constitutional provision vesting election oversight in the Election Commission of India.
• Anoop Baranwal v. Union of India: Landmark Supreme Court judgment establishing a committee for ECI appointments until a law was enacted.
• Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: Law governing the appointment, service conditions, and tenure of CEC and ECs.
• Judges (Inquiry) Act, 1968: Legislation outlining the procedure for the removal of Supreme Court judges, which also applies to the CEC.