• It is a constitutionally permanent independent body.
  • According to Article 324, the Election Commission shall have the authority to supervise, direct, and regulate elections for the Indian Parliament, state legislatures, the President of India, and the Vice-President of India.

Selection Process of the Election Commission of India as per the Chief Election Commissioner and Other Election Commissioners Act, 2023:

  • Search Committee
    • Composition: Led by the Union Minister of Law and Justice, alongside two other members not below the rank of Secretary to the Government of India.  
    • Eligibility Standard: Candidates must be serving or former officers holding a rank equivalent to Secretary to the Government of India, known for integrity, and possessing experience in election management.  
    • Action: The Search Committee prepares a panel of five candidates to submit to the Selection Committee.
  • Selection Committee
    • Composition: 
      • Prime Minister (Chairperson)  
      • Leader of the Opposition (or the leader of the single largest opposition party in the Lok Sabha)  
      • A Union Cabinet Minister nominated by the Prime Minister 
    • The Selection Committee reviews the panel submitted by the Search Committee, selects the final candidate(s), and formally recommends them to the President.
  • The President of India officially appoints the CEC and ECs by warrant under their hand and seal

Removal of Election Commission

  • Grounds for Removal of CEC: The CEC can be removed only on two grounds under Article 124(4) (applicable via Article 324(5)):
    • Proved Misbehaviour: Includes corrupt practices, abuse of office, or actions incompatible with the office of CEC; courts have interpreted this to cover failure to discharge official duties.
    • Incapacity: Refers to situations where the officer is unable to perform their duties.
  • Procedure for Removal of CEC
    • Members of Parliament must bring a notice of motion explicitly alleging misbehaviour or incapacity. Minimum signatures required: Lok Sabha (at least 100 MPs) and Rajya Sabha (at least 50 MPs)
    • The Speaker/Chairman may consult people and materials to decide whether to admit or refuse the motion.
    • If admitted, a committee is formed to investigate evidence of misbehaviour or incapacity.
    • The motion must be passed by a special majority in both Houses
    • Once both Houses pass the motion, the President orders the removal of the CEC.

 

Source: The Indian Express

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