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Opposition is preparing to bring impeachment motion against Chief Election Commissioner Gyanesh Kumar.

The Election Commission and Chief Election Commissioners are in a lot of discussion these days due to the continuous attack of opposition parties including Leader of Opposition Rahul Gandhi in the Lok Sabha. The role of Election Commission and Election Commissioner Gana, Chief Election Commissioner is under question with the statement of seeking affidavits from Rahul Gandhi and apologizing to the country. Now questions are being raised about this constitutional institution from different parts of the country. It is now discussed that the opposition is preparing to bring impeachment motion to remove the Chief Election Commissioner.

Know what is the whole process of this? Has any Chief Election Commissioner in the country has been removed so far? What does the Constitution say in this matter?

What is the constitutional status of the Chief Election Commissioner?

In order to ensure independent and fair elections in India, the Constitution makers of India have established the Election Commission of India, which is finally responsible for conducting elections at the central level. Constitutionally highly powerful, the head of this institution has been playing the role of Chief Election Commissioner. Special emphasis has been laid on the freedom and security of this post in the Constitution.

According to Supreme Court Advocate Ashwini Kumar Dubey, Article 324 of the Constitution of India has made it clear that the Election Commission of India will maintain the care, direction and control of national and state level elections. The President of India has the right to appoint the Chief Election Commissioner and other Election Commissioners as the head of this autonomous institution.

• Under Article 324 (1), it is decided that the Election Commission will have all the responsibility of elections.
• Article 324 (2) says that the Chief Election Commissioner and other commissioners will be appointed by the President of India.
• Article 324 (5) says that the process of removing the Chief Election Commissioner will be similar to the judges.

In this way, the Chief Election Commissioner of India has full security according to the Indian Constitution. They cannot be removed in normal condition.

Chief Election Commissioner Dnyanesh Kumar

What is the process of removing the Chief Election Commissioner?

Article 324 (5) and Article 124 (4) record the process of removing the Supreme Court judge. The same rules and laws are also applicable to the Chief Election Commissioner. The process of removing any person sitting in this post is something like this.

• The resolution should be passed with a special majority in both houses of Parliament i.e. Lok Sabha and Rajya Sabha.
• The reason for removal is Misbehavior or Incapacity.
• After the proposal is passed, the President can take a final decision on this.
• The special majority means a 2/3 majority of the members present in the House.
• This is the same process that is adopted in impeachment of Supreme Court judges.

What is the system in the case of Election Commissioners?

The Chief Election Commissioner receives security safety equivalent to the Justice, but the other Election Commissioners can directly remove the President. However, the constitution says that if the President wants to remove other commissioners, then it will be mandatory to consult the Chief Election Commissioner. This system ensures that the Chief Election Commissioner remains free.

Why is such a stringent security provision given?

The Chief Election Commissioner is the foundation of the democratic process. If the governments want, they can bring the Election Commission under pressure from their arbitrariness. This is the reason that the constitution gave him security like a judge so that he could work in an independent manner.

Freedom of court and commission

The Supreme Court of India has said many times that the Election Commission is the Watchdog Institution of democracy. S.S. In the case of Dhanoa vs. India (1991), the Supreme Court made it clear that there is only the privilege of Parliament in removing the Chief Election Commissioner, not the executive. This proves their freedom and strength. T.N. In the historic case of Seshan vs India Union (1995), the Supreme Court said that not only the Chief Election Commissioner, but also other Election Commissioners have equal rights. The Commission is a multi-member body and collective decision is important.

The Election Commission held a press conference on Rahul Gandhi's vote theft statement.

Have the Chief Election Commissioner ever removed?

The tenure of the Chief Election Commissioner is six years. During this time his salary and allowances are similar to the Supreme Court judge. Their service conditions cannot be changed during tenure.

So far, no Chief Election Commissioner in India has been removed from the process like formal impeachment. This is a symbol of how strong the security shield given by the Constitution is. Although the fairness of the Commission has been accused from time to time, but no CEC has been removed by Parliament.

In the year 2023, Parliament passed the appointment of Chief Election Commissioner and other commissioners, under which the Prime Minister, a Cabinet Minister and Opposition Leader will participate in a committee appointed. The decision of this committee will be approved by the President. Earlier, the Chief Justice of the Supreme Court was also members. Now it is not so. There has been a dispute about the new system, but it remains the same. Another legal provision is that no case can be registered against the Chief Election Commissioner.

Advocate Ashwini Kumar Dubey of the Supreme Court says that the process of removing the Chief Election Commissioner is one of the most strict provisions of the Indian Constitution. Its purpose is very clear. Keep this post free from any political pressure. Because the freedom of this post is the mainstay of democracy.