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Current Issue:
- Opposition parties allege that the CEC made politically biased statements during his press briefing.
- The Supreme Court’s interim order directed the EC to publish details of 65 lakh excluded voters in Bihar’s revised electoral rolls.
- Parties like Congress, SP, TMC, and RJD accuse the EC of ignoring earlier complaints of wrongful voter deletions.
About the Election Commission:
- The Election Commission of India (ECI) is a constitutional body under Article 324 of the Constitution.
- It consists of the CEC and other Election Commissioners, responsible for conducting free and fair elections.
Removal Process of CEC:
- The CEC can only be removed like a Supreme Court judge (Article 324(5)) on grounds of “proved misbehavior or incapacity.”
- The special majority required for the removal of the Chief Election Commissioner (CEC) is the same as that for the removal of a Supreme Court judge under Article 124(4). It means a resolution must be passed in each House of Parliament by:
- A majority of the total membership of that House, and
- A majority of not less than two-thirds of the members present and voting.
- Other Election Commissioners can be removed only on the recommendation of the CEC.
Legal Protection:
- The CEC & Other Election Commissioners (Appointment, Conditions of Service & Term of Office) Act, 2023 grants immunity for past and present decisions of EC officials.
- Critics argue this raises concerns about accountability vs. independence of the Commission.
Why in News?
- The INDIA bloc is considering moving a motion against CEC Gyanesh Kumar after his remarks against the Opposition during a press conference, amid the controversy over voter deletions in Bihar’s Special Intensive Revision (SIR).
