Key Takeaways
- Article 324 of the Indian Constitution outlines the procedures for removing the Chief Election Commissioner.
- The process is similar to that of removing a Supreme Court judge, requiring a quasi-judicial procedure.
- The Chief Election Commissioner can resign by writing to the president, but removal is a complex affair.
India's top election official, Gyanesh Kumar, faces calls for his resignation amid allegations of voter roll manipulation. However, the legal framework for his removal is intricate and lengthy.
The process of removing the Chief Election Commissioner (CEC) is governed by Article 324 of the Indian Constitution, which stipulates that such removal can only occur 'except in like manner and on the like grounds as a Judge of the Supreme Court'.
The CEC is appointed by the president, with the recommendation of a selection committee. This committee, currently chaired by the Prime Minister, includes the Leader of Opposition in the Lok Sabha and a minister nominated by the Prime Minister.
A significant change in 2023 altered the composition of the selection committee, replacing the Chief Justice of India with a Union Cabinet Minister, raising concerns about increased executive influence over the appointment process.
While the CEC can resign by writing to the president, removal requires a quasi-judicial procedure similar to that used for Supreme Court judges. This involves a notice signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
The notice must be examined by the Speaker of the Lok Sabha or the Chair of the Rajya Sabha, marking the beginning of a complex legal process.
Critics argue that the change in the selection committee's composition increases the ruling party's influence over the appointment process, as two of the three members would now be from the ruling party.
The process of removing the CEC is thus a lengthy and complicated affair, mirroring the procedures for removing a Supreme Court judge, highlighting the importance of the role in India's electoral system.
