"What the Law Says on Removing the Chief Election Commissioner"
Article 324
Constitutional provision vesting superintendence, direction, and control of elections in the ECI.
Section 18, ECC Act 2023
Statutory rule requiring unanimity first; majority vote resolves disagreements, each member equal.
Article 324 of the Constitution creates the Election Commission of India (ECI) and gives it the power to superintend, direct, and control elections to Parliament, state legislatures, and the offices of President and Vice-President. Article 324(2) allows the President to appoint a Chief Election Commissioner (CEC) and other Election Commissioners, subject to any law Parliament may make. For decades no such law existed. The Commission functioned with a single member for nearly four decades after 1950. It became a permanent three-member body only from 1993. Article 324(5) protects the CEC's independence by requiring the same removal process as a Supreme Court judge. Other Election Commissioners can be removed only on the CEC's own recommendation to the President.
The absence of a statutory appointment process was challenged through a public interest litigation filed in 2015. In Anoop Baranwal v. Union of India (2023), a five-judge Constitution Bench ruled that until Parliament legislated, appointments would be made on the recommendation of a three-member committee: the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. Parliament then enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, in force from January 2024. This Act replaced the Chief Justice with a Union Cabinet Minister nominated by the Prime Minister on the Selection Committee. A Search Committee headed by the Union Law Minister prepares a panel of five names for the Selection Committee to consider. Because two of the three Selection Committee members effectively represent the ruling establishment, this design is being challenged before a Constitution Bench.
A settled distinction in electoral law separates the Commission's administrative role from the adjudication of election disputes. The Commission runs and oversees elections. Disputes over the validity of an individual election go to courts through election petitions under the Representation of the People Act, 1951, not to the Commission itself. The Commission does adjudicate disputes over the registration, splits, and mergers of political parties under the Election Symbols (Reservation and Allotment) Order, 1968.
The three members of the Commission, the CEC and the two Election Commissioners, hold one vote each on Commission decisions. The CEC has no special veto. The Election Commission (Transaction of Business) Act, 1991 first laid down that the Commission should seek unanimity and settle genuine disagreements by majority vote. Section 17 and Section 18 of the 2023 Act carry this mechanism forward. Since the Commission has three members, any two of the three can carry a decision. This equal-vote principle was confirmed by the Supreme Court when it held that the CEC does not hold more power than the other Election Commissioners.
The ECI's day-to-day electoral work rests on a hierarchy of officers. Chief Electoral Officers head the machinery in each state. …
Consider the following statements:
1.Union Territories are not represented in the Rajya Sabha.
2.It is within the purview of the Chief Election Commissioner to adjudicate the election disputes.
3.According to the Constitution of India, the Parliament consists of the Lok Sabha and the Rajya Sabha only.
Which of the statements given above is/are correct?
Consider the following statements:
1.The Election Commission of India is a five-member body.
2.Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3.Election Commission resolves the disputes relating to splits/mergers of recognised political parties.
Which of the statements given above is/are correct?
Consider the following statements regarding the removal of members of the Election Commission of India:
1.The Chief Election Commissioner can be removed only through the same procedure prescribed for removal of a Supreme Court judge.
2.An Election Commissioner can be removed by the President only on the recommendation of the Chief Election Commissioner.
3.The Chief Election Commissioner enjoys greater removal protection than the other Election Commissioners.
Which of the statements given above is/are correct?
Match List I (body/mechanism for CEC and EC appointment) with List II (its composition) and select the correct answer using the code given below:
List I:
A.Interim mechanism under Anoop Baranwal v. Union of India (2023)
B.Selection Committee under the CEC and Other ECs Act, 2023
C.Search Committee under the CEC and Other ECs Act, 2023
List II:
1.Headed by the Union Law Minister
2.Prime Minister, Leader of Opposition, Union Cabinet Minister
3.Prime Minister, Leader of Opposition, Chief Justice of India
Consider the following statements about Section 16 of the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023:
1.It grants blanket immunity from arrest to a sitting Chief Election Commissioner.
2.It bars courts from entertaining civil or criminal proceedings against acts done in discharge of official duty.
3.The protection extends even to a person who was formerly the Chief Election Commissioner or an Election Commissioner.
Which of the statements given above is/are correct?
With reference to the appointment of the Chief Election Commissioner (CEC), consider the following statements:
1.Article 324(2) empowers the President to appoint the CEC and other Election Commissioners subject to any law made by Parliament.
2.The Supreme Court's ruling in Anoop Baranwal v. Union of India (2023) permanently mandated the inclusion of the Chief Justice of India in the appointment process.
3.Parliament has since enacted a law prescribing the appointment procedure for the CEC and Election Commissioners.
Which of the statements given above is/are correct?
Which of the following statements about the Election Commission of India is/are correct?
1.It presently functions as a three-member body comprising the Chief Election Commissioner and two Election Commissioners.
2.The Chief Election Commissioner has greater decision-making power than the other Election Commissioners on election-related matters.
3.The Constitution fixes the number of Election Commissioners at three.
Select the correct answer using the code below:
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