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Opposition Plans Motion to Remove CEC Gyanesh Kumar, Alleges Biased Conduct
The Opposition is preparing to move a motion seeking the removal of the Chief Election Commissioner (CEC), highlighting the constitutional safeguards and removal process of the Election Commission of India.
Election Commission of India & Removal of CEC :
| Aspect | Key Details |
|---|---|
| Constitutional Body | Election Commission of India (ECI) is established under Article 324 of the Constitution. |
| Composition | Consists of the Chief Election Commissioner (CEC) and such number of Election Commissioners (ECs) as determined by the President. |
| Appointment | Appointed by the President on the recommendation of a Selection Committee. |
| Selection Committee | Comprises the Prime Minister, a Cabinet Minister, and the Leader of Opposition in Lok Sabha (or leader of the largest opposition party). |
| Search Committee | Headed by the Cabinet Secretary; recommends a panel of five names to the Selection Committee (non-binding). |
| Eligibility | Persons of integrity with knowledge and experience in election management; must be or have been Secretary (or equivalent) to the Government. |
| Tenure | 6 years or until the age of 65 years, whichever is earlier. |
| Reappointment | Not eligible for reappointment; if an EC becomes CEC, total tenure cannot exceed 6 years. |
| Salary & Status | Equivalent to that of the Cabinet Secretary. |
| Removal of CEC | Governed by Article 324(5); removal process is similar to that of a Supreme Court Judge. |
| Grounds for Removal | Proved misbehaviour or incapacity. |
| Procedure | Requires a motion passed by both Lok Sabha and Rajya Sabha with a two-thirds majority of members present and voting. |
| Removal of Other ECs | Removed by the President on the recommendation of the CEC. |
| Legal Framework | The Chief Election Commissioner and Other Election Commissioners Act, 2023 governs appointment and service conditions. |