Chief Election Commissioner (CEC) of India

About Chief Election Commissioner (CEC)

The Chief Election Commissioner (CEC) is the head of the Election Commission of India (ECI), an independent constitutional body responsible for conducting free and fair elections in India.
The CEC supervises the functioning of the Election Commission and acts as its Chairman.
The office of the CEC is essential for maintaining the independence, transparency and credibility of the electoral process.

All About the Election Commission of India (ECI)

Constitutional Provision: The Election Commission of India is a permanent constitutional body established under Article 324 of the Constitution.
Establishment: It was established on 25 January 1950.
Headquarters: New Delhi.
Composition: The Election Commission consists of:
- One Chief Election Commissioner (CEC).
- Such number of other Election Commissioners (ECs) as the President may determine.
Present Composition: The Commission currently functions as a three-member body, comprising one CEC and two Election Commissioners.

Constitutional Provisions Relating to the Election Commission

Article	Provision
Article 324	Superintendence, direction and control of elections vested in the Election Commission.
Article 325	No person can be excluded from electoral rolls on grounds of religion, race, caste or sex.
Article 326	Elections to the Lok Sabha and State Legislative Assemblies based on adult suffrage.
Article 327	Parliament’s power to make laws relating to elections.
Article 328	State Legislature’s power to make laws relating to elections, subject to parliamentary legislation.
Article 329	Bars judicial interference in electoral matters, subject to constitutional provisions.

Powers and Functions of the Election Commission

1. Administrative Functions

Supervises and controls the preparation of electoral rolls.
Conducts elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies and State Legislative Councils.
Conducts elections to the offices of the President and Vice-President of India.
Determines the schedule and phases of elections.

2. Advisory Functions

Advises the President regarding the disqualification of Members of Parliament under Article 103.
Advises the Governor regarding the disqualification of members of State Legislatures under Article 192.
The advice is given in consultation with the Election Commission.

3. Quasi-Judicial Functions

Decides disputes relating to the recognition of political parties and the allocation of election symbols.
Acts under the Election Symbols (Reservation and Allotment) Order, 1968.
Monitors compliance with the Model Code of Conduct (MCC).

4. Electoral Supervision

Monitors election expenditure by candidates and political parties.
Deploys election observers and supervises polling arrangements.
Takes measures to ensure free, fair and transparent elections.

Appointment of Chief Election Commissioner and Other Election Commissioners

Constitutional Provision: Article 324(2) provides that the CEC and other Election Commissioners are appointed by the President of India, subject to any law made by Parliament.
Legal Framework: The appointment procedure is governed by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which came into force on 2 January 2024.

Appointment Process:

1. Search Committee

A Search Committee headed by the Union Minister of Law and Justice is constituted.
It consists of two other members not below the rank of Secretary to the Government of India.
It prepares a panel of five eligible candidates for consideration by the Selection Committee.

2. Selection Committee

The Selection Committee recommends the names of the CEC and other Election Commissioners. It consists of:

Members	Position
Prime Minister	Chairperson
Leader of Opposition in Lok Sabha	Member
Union Cabinet Minister nominated by the Prime Minister	Member

If the Leader of Opposition in Lok Sabha has not been formally recognised, the leader of the single largest opposition party is treated as the LoP for this purpose.
The Selection Committee may also consider candidates outside the panel prepared by the Search Committee.

3. Appointment by the President

The Selection Committee recommends the candidate for appointment.
The President of India appoints the CEC and other Election Commissioners through a warrant under his hand and seal.
The appointment remains valid even if there is a vacancy or defect in the constitution of the Selection Committee.

Qualifications for Appointment

Under Section 5 of the 2023 Act:
The person must be holding or have held a post equivalent to the rank of Secretary to the Government of India.
The person must possess integrity.
The person must have knowledge of and experience in the management and conduct of elections.

Note: The 2023 Act does not prescribe a separate minimum age of 35 years or a mandatory judicial background for the CEC.

Tenure and Conditions of Service

Tenure: Six years from the date of assuming office or until attaining the age of 65 years, whichever is earlier.
Reappointment: The CEC and other Election Commissioners are not eligible for reappointment.
EC appointed as CEC: The aggregate tenure as Election Commissioner and CEC cannot exceed six years.
Salary: Equivalent to the salary of a Judge of the Supreme Court.
Allowances: Dearness allowance and other service benefits as prescribed under the Act.
Protection of Service Conditions: Their service conditions cannot be varied to their disadvantage after appointment.

Removal of the Chief Election Commissioner and Election Commissioners

The Constitution provides different safeguards for the removal of the CEC and other Election Commissioners under Article 324(5).

Chief Election Commissioner (CEC)	Other Election Commissioners (ECs)
Can be removed only in the same manner and on the same grounds as a Judge of the Supreme Court.	Can be removed by the President only on the recommendation of the CEC.
Enjoys protection against arbitrary removal.	Have a comparatively different removal safeguard.

Removal Procedure of CEC:

The CEC can be removed only through the process of parliamentary impeachment applicable to a Supreme Court judge.
Grounds for removal:
1. Proved misbehaviour.
2. Incapacity.
A motion must be passed by both Houses of Parliament with:

A majority of the total membership of each House.
A majority of not less than two-thirds of members present and voting.
Following the address by Parliament, the President issues the removal order.

Resignation:

The CEC or any Election Commissioner may resign by submitting a written resignation addressed to the President of India.

Independence of the Election Commission

The Constitution provides several safeguards to ensure the independent functioning of the Election Commission.

Security of Tenure: The CEC cannot be removed arbitrarily and enjoys the same removal protection as a Supreme Court judge.
Protection of Service Conditions: The service conditions of the CEC cannot be varied to his disadvantage after appointment.
Constitutional Status: The Election Commission is an independent constitutional authority under Article 324.
Institutional Decision-Making: All Election Commissioners have equal voting rights, and decisions are taken by majority in case of disagreement.
Protection from Legal Proceedings: Section 16 of the 2023 Act provides protection against civil and criminal proceedings for acts performed in the discharge of official duties.

Important Supreme Court Judgments Relating to the CEC

1. T.N. Seshan v. Union of India (1995)

The Supreme Court upheld the validity of the multi-member Election Commission.
It clarified that the CEC and other Election Commissioners have equal powers in decision-making.
The CEC acts as the Chairman of the Commission but does not enjoy superior voting rights.

2. Anoop Baranwal v. Union of India (2023)

The Supreme Court Constitution Bench addressed the absence of a parliamentary law governing the appointment of the CEC and Election Commissioners.
It directed that appointments should be made by the President on the recommendation of a committee consisting of:
1. Prime Minister.
2. Leader of Opposition in Lok Sabha.
3. Chief Justice of India (CJI).
This arrangement was intended to operate until Parliament made a law on the subject.

3. Jaya Thakur v. Union of India (2024)

The petitioners challenged Section 7(1) of the 2023 Act, particularly the replacement of the CJI with a Union Cabinet Minister nominated by the Prime Minister in the Selection Committee.
The Supreme Court refused to grant an interim stay on the operation of the 2023 Act.
It emphasised the importance of plurality in the Election Commission and the need for transparency in the selection process.

PYQ
1. How many Delimitation Commissions have been constituted by the Government of India till December 2023? [2024]
a) One b) Two c) Three d) Four

2. Consider the following statements: [2017]
1. The Election Commission of India is a five-member body.
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections.
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties.

Which of the statements given above is/are correct?

a) 1 and 2 only b) 2 only c) 2 and 3 only d) 3 only