The English newspaper 'Indian Express' has said in one of its investigative reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi have raised internal objections regarding the decisions and working process of the Election Commission of India in the last few months.
According to the newspaper report, during the Special Intensive Revision or SIR campaign last year, the Election Commissioners were not informed about many decisions and both the Election Commissioners had repeatedly raised objections to these decisions.
However, the Election Commission says that it is a normal process to receive different opinions, suggestions and comments in a multi-member constitutional body.
The Commission said that all final decisions taken in the last one year, including the SIR, have been taken unanimously.
After this newspaper report, opposition parties started alleging that there were irregularities in the SIR and Chief Election Commissioner Gyanesh Kumar was responsible for it.
The Indian Express has quoted Congress sources as saying that the opposition parties will bring resolutions in both houses of Parliament to remove the Chief Election Commissioner.
Cockroach Janata Party has said that if Gyanesh Kumar does not resign by Saturday then the movement will be started from October 2.
Let us know how Election Commissioners and Chief Election Commissioner are appointed and how they can be removed.
The Election Commission is responsible for conducting free and fair elections in India. Article 324 of the Constitution and the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Tenure) Act, 2023 provide for the appointment, tenure and removal of the Chief Election Commissioner (CEC).
The Chief Election Commissioner and Election Commissioners are appointed by the President on the recommendation of a three-member selection committee.
The committee consists of the Prime Minister, the Leader of the Opposition in the Lok Sabha and a member of the Union Cabinet.
According to the law of 2023, the person appointed as commissioner must have held a secretary level post. They should be 'honest' and have knowledge and experience in the management and conduct of elections.
Their tenure is six years or till the age of 65 years.
Under the 1991 law, the salary of the Chief Election Commissioner and Election Commissioners was equal to that of a Supreme Court judge.
In the new bill, a provision has been made to make the salary of the Chief Election Commissioner and Commissioners equal to the salary of the Cabinet Secretary of the Central Government.
At present, the salary of both is equal, but their salary is determined in different ways.
According to Article 125 of the Constitution, the salary of a Supreme Court judge is required to be fixed by a law made by the Parliament.
At the same time, the salary of the Cabinet Secretary is decided by the government on the basis of the recommendation of the Central Pay Commission.
Therefore, under the Chief Election Commissioner and Other Election Commissioners (Appointment, Service Conditions and Tenure) Act, 2023, this law may give more powers to the executive in determining salaries than before.
According to Article 324(5) of the Constitution, the Chief Election Commissioner can be removed from office only in the same manner and on the same grounds on which a judge of the Supreme Court is removed.
The same provision is also there in Section 11(2) of the 2023 Act.
The Constitution also states that no other Election Commissioner or Regional Commissioner can be removed from office except on the recommendation of the Chief Election Commissioner.
The process of removing the main election has been kept difficult so that the Election Commission does not face political pressure.
According to Article 124(4) of the Constitution, which deals with the process of removal of a Supreme Court judge, he can be removed only on the ground of "proven misbehavior or incompetence".
Misconduct may include corrupt conduct or abuse of position.
From time to time, courts have also interpreted it to include acts that are unbecoming of the office of the Chief Election Commissioner or when the Chief Election Commissioner fails to discharge his official duties.
Incompetence means a situation in which officials are not able to perform their duties.
To initiate the process of removing the Chief Election Commissioner, members of both Houses of Parliament give notice of a motion clearly alleging misconduct or incompetence on the part of the Chief Election Commissioner.
To accept the impeachment motion, signatures of at least 100 MPs in the Lok Sabha and 50 in the Rajya Sabha are required.
The Presiding Officer may take information from the persons and documents concerned before accepting or rejecting the proposal.
If the proposal is accepted, an investigation is conducted to verify the veracity of the allegations.
For this, a committee is formed, which investigates evidence related to misconduct or incompetence.
After this, the resolution to remove the Chief Election Commissioner must be passed by a two-thirds majority of the "members present and voting" in both Houses of Parliament.
After the resolution is passed in both the Houses, the President orders the removal of the Chief Election Commissioner from the post.
After the completion of the constitutional process, the President does not have any separate discretion, because in this matter the President has to act as per the advice of the Parliament.
Till now no Chief Election Commissioner has ever been impeached in India.
In April this year, the Chairman of the Rajya Sabha and the Speaker of the Lok Sabha had rejected the impeachment motions given by the opposition to remove Chief Election Commissioner Gyanesh Kumar.
The presiding officers of both the houses did not give any reason for their decision.
The opposition, led by Trinamool Congress, had presented impeachment motions in the Lok Sabha and Rajya Sabha on March 12.
