CEC Can Be Removed Only Like An SC Judge, ECI Says In Affidavit, Pg1

Key Highlights:

• The Election Commission of India (ECI), including the Chief Election Commissioner (CEC) and two Election Commissioners (ECs), filed an affidavit in the Supreme Court asserting the CEC's removal process is akin to that of a Supreme Court judge.
• The affidavit stated that media reports alleging internal friction or unilateral functioning by the CEC are not valid evidence in court.
• It clarified that the multi-member commission operates on a "rule of majority" for decisions, as per Section 18 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
• Decisions are processed sequentially, requiring approval from both Election Commissioners before reaching the CEC, indicating a collegiate decision-making process.
• The affidavit indirectly confirmed that ECs Sukhbir Singh Sandhu and Vivek Joshi had raised concerns with the Cabinet Secretary regarding an IT oversight order passed without their knowledge.

Detailed Insights:

• The ECI is an autonomous constitutional authority under Article 324 of the Indian Constitution, responsible for conducting free and fair elections.
• The CEC and ECs are appointed by the President and can only be removed through a process similar to a Supreme Court judge's impeachment, ensuring their independence.
• The removal process for a Supreme Court judge involves a motion passed by a special majority in both Houses of Parliament on grounds of proven misbehavior or incapacity.
• The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, regulates the appointment, conditions of service, and term of office for the CEC and ECs.
• This 2023 Act replaced the earlier 1991 Act and specifies that the CEC and ECs are appointed by the President based on the recommendation of a Selection Committee.
• The Selection Committee comprises the Prime Minister, the Leader of the Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
• The affidavit emphasizes that all business of the ECI is conducted unanimously, or by majority in case of differences, reinforcing the multi-member body's collegiate nature.
• The current CEC is Gyanesh Kumar, with Sukhbir Singh Sandhu and Vivek Joshi serving as Election Commissioners.

Key Concepts Involved:

• Election Commission of India (ECI): An autonomous constitutional body responsible for administering election processes in India.
• Chief Election Commissioner (CEC): The head of the Election Commission of India, responsible for its overall functioning and decision-making.
• Election Commissioners (ECs): Members of the Election Commission of India who, along with the CEC, collectively make decisions regarding elections.
• Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: A parliamentary act that governs the appointment, service conditions, and removal of the CEC and ECs.