Why in the News?
West Bengal Chief Minister stated that the Trinamool Congress is open to working with the Indian National Congress and other Opposition parties to initiate impeachment proceedings against Chief Election Commissioner Gyanesh Kumar.
Who is the Chief Election Commissioner?
- Head of the Election Commission of India
- Responsible for superintendence, direction and control of elections to Parliament, State Legislatures, President and Vice President
- Constitutional authority under Article 324 of the Constitution of India
Appointment of the CEC
- Appointed by the President of India
- As per the Chief Election Commissioner and Other Election Commissioners Act, 2023
- Selected by a three member committee
- Prime Minister
- Leader of Opposition in Lok Sabha
- Union Cabinet Minister nominated by the Prime Minister
- Tenure is 6 years or till 65 years of age, whichever is earlier
Constitutional Basis for Removal
- Article 324(5) governs removal of the CEC
- CEC can be removed in the same manner and on the same grounds as a Judge of the Supreme Court
- This links the process to Article 124(4) of the Constitution
Grounds for Removal
- Proved misbehaviour such as abuse of office, corruption or failure to discharge constitutional duties
- Incapacity meaning physical or mental inability to perform official functions
| [2019] Consider the following statements:Â
1. The motion to impeach a Judge of the Supreme Court of India cannot be rejected by the Speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968. 2. The Constitution of India defines and gives details of what constitutes ‘incapacity and proved misbehaviour’ of the Judges of the Supreme Court of India. 3. The details of the process of impeachment of the Judges of the Supreme Court of India are given in the Judges (Inquiry) Act, 1968. 4. If the motion for the impeachment of a Judge is taken up for voting, the law requires the motion to be backed by each House of the Parliament and supported by a majority of total membership of that House and by not less than two-thirds of total members of that House present and voting. Which of the statements given above is/are correct? (a) 1 and 2 (b) 3 only (c) 3 and 4 only (d) 1, 3 and 4 |
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