Relevance: GS II (Constitutional Bodies & Separation of Powers) | Source: Constitution of India & News Reports

1. What is the News?

  • A Historic Move: For the first time in India’s history, opposition parties are discussing a motion to remove the Chief Election Commissioner (CEC).
  • The Reason: This is linked to concerns about the independence of the Election Commission of India (ECI) after a new law changed how the CEC is selected.

2. The Appointment Controversy

  • Article 324: This article says the President appoints the CEC. However, it doesn’t specify a “selection committee.”
  • The Shift: * Supreme Court (2023): Suggested a neutral committee: Prime Minister (PM) + Leader of Opposition (LoP) + Chief Justice of India (CJI).
    • Current Law (2023): The government replaced the CJI with a Union Cabinet Minister.
  • The Concern: Critics argue that because the PM and the Minister are from the same party, the government has a 2-out-of-3 majority, which might affect the CEC’s neutrality.

3. How is a CEC Removed? (Article 324(5))

To ensure the CEC can work without fear, the Constitution gives them high security of tenure.

  • The Law: A CEC can only be removed like a Judge of the Supreme Court.
  • The Grounds: Only for “proved misbehaviour or incapacity.”
  • The Process:
    • Motion: Must be signed by 100 MPs in Lok Sabha or 50 in Rajya Sabha.
    • Special Majority: Both Houses must pass it with a majority of the total house and 2/3rd of those present and voting.

4. Why Does Independence Matter?

  • The Umpire: In a democracy, elections must be fair. If the “umpire” (CEC) is seen as biased toward the government, people lose trust in the results.
  • Ambedkar’s Vision: Dr. B.R. Ambedkar insisted that the election machinery must be independent of the Executive (the Government) to keep democracy alive.

UPSC Value Box

Key Provision Simple Meaning for Exam
Article 324 Sets up the ECI and gives it the power to control and direct all elections in India.
Article 324(5) Protects the CEC from being removed easily, ensuring they don’t have to please the ruling party to keep their job.
Election Commissioners Unlike the CEC, other Commissioners can be removed by the President simply on the recommendation of the CEC.

With reference to the Election Commission of India, consider the following statements:

  1. The Chief Election Commissioner (CEC) has the same security of tenure as a Judge of the Supreme Court under Article 324(5).
  2. The current Selection Committee for the appointment of the CEC includes the Chief Justice of India as a permanent member.
  3. The conditions of service of the CEC cannot be varied to their disadvantage after their appointment.

Which of the statements given above is/are correct?

(a) 1 and 2 only

(b) 1 and 3 only

(c) 2 and 3 only

(d) 1, 2 and 3

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