Electoral Reforms In India

Centre opposes plea for same process for removal of CEC and ECs


Mains Paper 2: Polity | Appointment to various Constitutional posts, powers, functions & responsibilities of various Constitutional Bodies

From UPSC perspective, the following things are important:

Prelims level: Article 324 of the Constitution, Appointments to Election commission

Mains level: Issues related to the independent functioning of Election commission

Ensuring security of tenure for ECs

  1. The Centre has opposed a plea to make changes in the law to ensure that Election Commissioners are removed in the same manner as the Chief Election Commissioner (CEC)
  2. It also said that while the CEC was a permanent functionary whose appointment is mandated by Article 324 of the Constitution, ECs may or may not be appointed based on the needs of the Election Commission and that this was to be decided by the President

Current provisions

  1. While the CEC can be removed only in the same manner as a judge, the ECs can be removed only on the recommendation of the CEC

SC judgment related to this issue

  1. In the 1995 case of T N Seshan vs Union of India, SC upheld the Constitutional provision which provides for different modes for removal of the CEC and the ECs
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