Question

 Which of the following statements are correct regarding the appointment and removal of Election Commissioners?

1. The Chief Election Commissioner can be removed in the same manner as a Judge of the Supreme Court.

2. Other Election Commissioners cannot be removed except on the recommendation of the Chief Election Commissioner.

3. The Anoop Baranwal case (2023) mandated that the appointment of the CEC and ECs be made by a committee including the Prime Minister, the Leader of the Opposition in the Rajya Sabha, and the Chief Justice of India.

• A. 1 and 2 only
• B. 2 and 3 only
• C. 1 and 3 only
• D. 1, 2, and 3

Answer 1

Answer:

A. 1 and 2 only

Constitutional Provisions for Election Commissioners:

• Article 324(2) of the Indian Constitution deals with the appointment of the Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
• The President of India appoints the CEC and ECs.

Removal of the Chief Election Commissioner (CEC):

• The CEC can be removed from office in the same manner and on the same grounds as a Judge of the Supreme Court.
• This process involves impeachment by Parliament, requiring a special majority in both Houses (Lok Sabha and Rajya Sabha).
• The grounds for removal are typically proved misbehaviour or incapacity.

Removal of Other Election Commissioners (ECs):

• An Election Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner.
• This provision ensures the independence of the Election Commission by protecting ECs from arbitrary removal by the executive.

Recent Developments in Appointment Process (Anoop Baranwal Case 2023):

• The Supreme Court, in the Anoop Baranwal v. Union of India (2023) case, made significant observations regarding the appointment process.
• The court recommended the formation of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India for the selection of the CEC and ECs.
• Note: While the court recommended this collegium system, the current legal framework still empowers the President for appointment, though the legislative framework for implementing the court's recommendation is under consideration. The statement in the question regarding the Rajya Sabha opposition leader is incorrect based on the court's observation (it specified the Lok Sabha).

Key Takeaways for Competitive Exams:

• Understand the distinct removal processes for the CEC and ECs.
• Be aware of the constitutional articles related to the Election Commission.
• Note the evolving judicial interpretation of appointment procedures, specifically the Anoop Baranwal case, but distinguish between judicial recommendations and established law.