A significant political development is brewing in India as Opposition parties are reportedly gearing up to move an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar. This action stems from a controversy surrounding the Election Commission's Special Intensive Revision (SIR) of electoral rolls, where other Election Commissioners allegedly raised objections to decisions made without their knowledge.
Sources indicate that the Congress party has reached out to other Opposition factions, with plans to submit the resolution in both Houses of Parliament within the next two weeks. The controversy, initially reported by The Indian Express, highlights that two other Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi, had recorded at least 14 objections over ten months regarding voter additions and deletions during the SIR process.
Understanding the CEC's Appointment and Tenure
The Chief Election Commissioner heads the Election Commission of India, a constitutional body tasked with overseeing elections nationwide. The appointment process for the CEC is governed by Article 324(2) of the Constitution of India and further detailed by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
- A Search Committee, led by the Union Law Minister, prepares a panel of eligible candidates.
- A three-member Selection Committee, comprising the Prime Minister, the Leader of Opposition in the Lok Sabha, and a Union Cabinet Minister nominated by the Prime Minister, makes the final recommendation.
- The President of India then formally appoints the CEC.
Under the 2023 Act, a CEC holds office for a term of six years or until they reach the age of 65, whichever comes first. The CEC, like other Election Commissioners, has the option to resign before the completion of their term by submitting a written resignation to the President.
The Rigorous Process for Removing a CEC
Unlike other government officials, the Chief Election Commissioner enjoys special protection from removal, enshrined in Article 324(5) of the Constitution. A CEC cannot be removed by an ordinary executive order from the government or the President.
The removal process mirrors that of a Supreme Court judge, requiring parliamentary action based on grounds of 'proved misbehaviour or incapacity,' as outlined in Article 124(4). This intricate procedure involves several key steps:
- A notice of motion alleging misbehaviour or incapacity must be initiated in Parliament.
- For the motion to be admitted, it requires the support of at least 100 Members of Parliament (MPs) in the Lok Sabha or 50 MPs in the Rajya Sabha.
- If admitted, an inquiry is conducted to investigate the allegations.
- Following the inquiry, the removal address must be approved by both Houses of Parliament. This requires a majority of the total membership of each House and at least two-thirds of the members present and voting.
- Once Parliament passes this address, the President of India issues the final order to remove the CEC from office.
This stringent process underscores the constitutional importance and independence of the Chief Election Commissioner, ensuring that removals are not based on political whims but on established grounds and a thorough parliamentary review.