Why in the News?
The Opposition (INDI Alliance bloc) is considering moving a motion of removal of the Chief Election Commissioner (CEC) in Parliament.
About Election Commission of India (ECI):
- Establishment: Permanent constitutional body set up on 25 January 1950 (National Voters Day).
- Constitutional Basis: Articles 324â329, Part XV of the Constitution.
- Mandate: Conducts elections to Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of President and Vice President.
- Structure: Since 1993, functions as a three-member body with Chief Election Commissioner (CEC) and two Election Commissioners.
- Status of CEC: Same salary, status, and perks as a judge of the Supreme Court of India.
Appointment to ECI:
- Law: Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (replaced 1991 Act).
- Appointing Authority: President of India.
- Selection Committee: Prime Minister (Chairperson), Leader of Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister.
- Eligibility: Must have served as a Secretary-level officer in Government of India with proven integrity and election management experience.
- Tenure: 6 years or until 65 years of age, whichever is earlier.
Removal:
- CEC: Removed like a Supreme Court judge (Article 324(5)) on grounds of proved misbehaviour or incapacity. Requires a motion passed by two-thirds majority in both Houses of Parliament and Presidential order.
- Other Election Commissioners: Removed only on recommendation of the Chief Election Commissioner.
| [UPSC 2012] Consider the following statements with reference to India:
1. The Chief Election Commissioner and other Election Commissioners enjoy equal powers but receive unequal salaries 2. The Chief Election Commissioner is entitled to the same salary as in provided to a judge of the Supreme Court 3. The Chief Election Commissioner shall not be removed from his office except in like manner and on like grounds as a judge of the Supreme Court 4. The term of office of the Election Commissioner is five years from the date he assumes his office or till the day he attains the age of 62 years, whichever is earlier Which of these statements are correct? Options: (a) 1 and 2 (b) 2 and 3* (c) 1 and 4 (d) 2 and 4 |
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