Opposition Seeks Chief Election Commissioner Removal

Source: Indian Express  

Introduction 

The Election Commission of India (ECI), entrusted with conducting free and fair elections, finds itself at the center of a constitutional storm. Following allegations of electoral fraud and voter roll manipulation, the Opposition bloc has announced its intention to consider a motion for the removal of the Chief Election Commissioner during the ongoing parliamentary session. This development raises critical questions about the independence of India's premier electoral body and the constitutional safeguards designed to protect it from political interference. 

Is the Opposition Moving to Remove the Chief Election Commissioner Over Fake Voter Row? 

• The controversy erupted when Leader of Opposition Rahul Gandhi alleged the discovery of approximately one lakh "fake voters" in the electoral rolls of the Mahadevapura Assembly segment in Bangalore Central Lok Sabha constituency during the 2024 elections. Gandhi claimed that similar patterns of fake addresses and duplicate entries had been systematically used to manipulate election results across the country. 
• Chief Election Commissioner Gyanesh Kumar responded by dismissing these allegations as "baseless and invalid" during a press conference and demanded that Gandhi submit an affidavit to validate his claims or publicly apologize to the nation. Unsatisfied with this response, the Opposition described the ECI's reaction as an attempt to "divert and thwart any attempt at a meaningful inquiry into voter fraud." 
• Following this exchange, the INDIA bloc announced its consideration of initiating removal proceedings against the Chief Election Commissioner. As stated by Congress leader Gaurav Gogoi, "We have discussed action — both legal and constitutional — against the CEC. We will take the appropriate step at the right time." 

Who is the Election Commission of India? 

• The Election Commission of India is a permanent constitutional body established on January 25, 1950, responsible for the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of President and Vice-President. Originally consisting of only a Chief Election Commissioner, the body was expanded to include two additional Election Commissioners following the Election Commissioner Amendment Act, 1989. 
• The Commission operates as an autonomous institution with extensive powers including preparation of electoral rolls, recognition of political parties, allocation of election symbols, enforcement of the Model Code of Conduct, and settlement of disputes related to political party splits and mergers. At the state level, the Commission works through Chief Electoral Officers, while at district and constituency levels, it functions through District Election Officers and Returning Officers. 

What was the Constitutional Framework of ECI? 

Article 324: The Foundation 

• Article 324 of the Constitution serves as the cornerstone of India's electoral framework, vesting the Election Commission with comprehensive authority over the electoral process. The article establishes that "the superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State" shall be vested in the Election Commission. 

Appointment Process 

• Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the CEC and Election Commissioners are appointed by the President upon recommendation from a three-member selection committee comprising the Prime Minister, the Leader of Opposition, and one Union Cabinet member. Appointees must have held secretary-level positions and possess integrity along with knowledge and experience in election management. 
• Tenure is fixed at six years or until the age of 65 years, whichever comes first. The CEC enjoys the same status, salary, and benefits as Supreme Court judges, emphasizing the constitutional importance of the position. 

Removal Mechanism 

• Article 324(5) provides crucial protection for the Chief Election Commissioner by stipulating that removal can only occur "in like manner and on the like grounds as a Judge of the Supreme Court." This provision, reinforced by Section 11(2) of the 2023 Act, establishes an exceptionally high threshold for removal. 
• Following Article 124(4), which governs the removal of Supreme Court judges, the CEC can only be removed on grounds of "proved misbehavior or incapacity." Misbehavior encompasses corrupt practices, abuse of office, or actions incompatible with the office, while incapacity refers to inability to perform official duties. 

Constitutional Process for Removal 

• Notice of Motion: Members of both Houses of Parliament must bring a notice of motion explicitly alleging misbehaviour or incapacity 
• Admission and Inquiry: After admission, an inquiry is conducted through a committee to investigate the validity of charges 
• Parliamentary Vote: The motion must be passed by a two-thirds majority of members "present and voting" in both Houses 
• Presidential Action: Upon successful passage, the President orders removal, with no discretionary power once constitutional requirements are met 

Protection of Other Election Commissioners 

• Article 324(5) further provides that "any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner," ensuring additional safeguards against arbitrary removal. 

Additional Constitutional Provisions 

• Article 325: Non-Discrimination Principle 
  • This article ensures that no citizen can be excluded from electoral rolls based on religion, race, caste, or sex, establishing the fundamental principle of electoral equality. 
• Article 326: Universal Adult Suffrage 
  • Article 326 mandates that elections to the House of People and State Legislative Assemblies be conducted on the basis of adult suffrage, democratizing the electoral process. 
• Article 327: Parliamentary Powers 
  • This provision empowers Parliament to make laws regarding elections to legislatures, providing the legislative framework for electoral conduct. 
• Article 328: State Legislative Powers 
  • Article 328 grants state legislatures the power to make provisions for elections to their respective assemblies, subject to parliamentary law. 
• Article 329: Judicial Non-Interference 
  • Article 329 bars courts from interfering in electoral matters once the election process begins, though post-election challenges remain permissible through election petitions. 

Conclusion 

The consideration of removal proceedings against the Chief Election Commissioner represents a significant constitutional moment that tests the balance between electoral independence and democratic accountability. While the Constitution provides robust protections for the CEC through stringent removal procedures, the current controversy underscores the critical importance of maintaining public confidence in India's electoral institutions. The resolution of this dispute will likely influence the relationship between political parties and the Election Commission, potentially setting precedents for future electoral governance.