CEC India Removal Process: The Chief Election Commissioner (CEC) in India is considered an important pillar of the democratic system of the country. To ensure the freedom and autonomy of the Election Commission, the Indian Constitution has provided special security to the Chief Election Commissioner. This is the reason that it is not so easy for the opposition to remove them from the post. Recently, the Congress -led opposition has intensified the discussion of bringing a proposal against the current Chief Election Commissioner Gyanesh Kumar, but due to the constitutional provisions, the move seems very difficult.
What does the Constitution say?
The process of removing the Chief Election Commissioner is scheduled in Article 324 (5) of the Constitution. Based on this, CEC can be removed from the same and the process in the same way that the judge of the Supreme Court is removed. That is, this process can begin only on the basis of Proved Misbehavior or Incapacity.
Strict provision like Supreme Court judge
Under Article 124 (4) of the Constitution, the judge of the Supreme Court can be removed from the post only when the resolution is passed by a majority during the same session in both houses of Parliament and then the President issue the order. The same rule also applies to CEC.
Special majority means –
– The majority of the total member number of the House.
– Also, the support of at least two-thirds of the members of the members present and voted.
What is the removal process
1. The proposal is introduced in a House of Parliament.
2. Signature of at least 100 MPs in Lok Sabha or 50 MPs in Rajya Sabha is required.
3. Lok Sabha Speaker or Rajya Sabha Chairman has the right to accept or reject the proposal.
4. A three -member committee is formed when the proposal is accepted, including a judge of the Supreme Court, a Chief Justice of the High Court and a reputed jurist.
5. This committee intensively investigates the allegations and presents the report.
6. If the committee is able to prove the allegations, then the process of debate and voting is started in Parliament on the proposal.
7. When passed by a special majority in both houses, the proposal goes to the President and the President has to order CEC to be removed from the post.
What can be the options for resignation or retirement?
CEC can leave the post on completion of his tenure (6 years or up to 65 years), or anytime by resigning the President. But the formal process of removing from the post is extremely complex and taking time.
Why is this debate in discussion?
The opposition has recently raised many serious questions about the special intensive revision of the voter list in Bihar and the functioning of the Election Commission. Rahul Gandhi has made serious allegations on the commission like ‘vote theft’. Due to this, the opposition is considering bringing a proposal against Chief Election Commissioner Gyanesh Kumar. However, in view of the constitutional provisions, the move is considered very difficult to succeed.