Chief Election Commissioner Removal Rules: The political atmosphere has become heated after Mamata Banerjee made a scathing attack on the Chief Election Commissioner and raised questions on his behavior and impartiality. His statements have once again raised an important constitutional question whether a Chief Election Commissioner can be removed from the post in India. Let us know what is the answer to this question.
Tension between opposition and Election Commission
In fact, the tension between the opposition and the Election Commission has increased considerably in recent times. All this has started with the special intensive revision i.e. special revision of the voter list. Some time ago, Congress leader Rahul Gandhi and other opposition parties had accused the Election Commission of vote theft. He claimed that the names of lakhs of genuine voters were being removed from the voter list and fake names were being added. Along with this, the Indian alliance of opposition parties had also considered bringing an impeachment motion against the Chief Election Commissioner, raising questions on the impartiality of the Election Commission.
Recently, West Bengal Chief Minister Mamata Banerjee did a workout in the middle of her meeting with Chief Election Commissioner Gyanesh Kumar. He alleged that the Chief Election Commissioner behaved disrespectfully with him and was speaking the language of BJP.
Why are the Election Commissioners constitutionally protected?
The election machinery of India is overseen by the Election Commission of India. This is a body that has been created to work independently of the current government. To protect this freedom, the Constitution gives very strong protection to its members, especially the Chief Election Commissioner. This is so that they cannot be removed for political reasons or temporary disputes.
How can the Chief Election Commissioner be removed?
It is very difficult to remove the Chief Election Commissioner. Under Article 324 (5) of the Constitution, the Chief Election Commissioner gets the same protection as a Supreme Court judge. The Chief Election Commissioner can be removed only on two grounds. Firstly proven misconduct and secondly incompetence.
The process of removal is similar to impeachment and the MP is involved in several stages. A motion is introduced in both the Lok Sabha and the Rajya Sabha and is passed by a special majority. A majority and at least two-thirds of the total members of the House must be present and vote. The President can remove the Chief Election Commissioner from the post only after passing the resolution by both the Houses.
Rules for removal of election commissioner
The rules are slightly different for the remaining Election Commissioners. The Election Commissioner does not get direct protection like impeachment. The President can remove the Election Commissioner only when the Chief Election Commissioner recommends his removal.
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