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INDIA bloc stages symbolic 'public impeachment' of CEC; what the removal process requires
ਖ਼ਬਰਾਂ ਵਿੱਚ ਕਿਉਂ?
A CEC cannot be sacked by the government: the Article 324(5) removal route every Polity answer needs
A symbolic event drew attention to Article 324(5), which makes the CEC removable only like a Supreme Court Judge.
Why it matters: asked in UPSC 2019
What you need to know
2 ਮਿੰਟ
Opposition parties of the INDIA bloc held a symbolic 'public impeachment' of Chief Election Commissioner Gyanesh Kumar at a mock Parliament in Delhi.
Constitutionally, under Article 324(5) the CEC can be removed only in the same manner and on the same grounds as a Supreme Court Judge, which needs a special majority in both Houses of Parliament, and the CEC's service conditions cannot be altered to his disadvantage after appointment.
ਸਰੋਤ: Topper IAS editorial (PIB / The Hindu / Indian Express)
ਮੁੱਖ ਤੱਥ
Remember these
- Article 324(5): the CEC is removable only in like manner and on like grounds as a Supreme Court Judge
- Removal of a SC Judge needs a special majority in both Houses of Parliament (Article 124(4))
- The CEC's service conditions cannot be varied to his disadvantage after appointment
- Article 324 vests superintendence, direction and control of elections in the Election Commission
- Other Election Commissioners can be removed only on the recommendation of the CEC
ਪ੍ਰੀਲਿਮਜ਼ · ਮੇਨਜ਼
How the exam will ask it
ਪ੍ਰੀਲਿਮਜ਼
- The Chief Election Commissioner can be removed in the same manner and on the same grounds as a Judge of the Supreme Court.
- The conditions of service of the Chief Election Commissioner cannot be varied to his disadvantage after appointment.
- Removal of the CEC requires a special majority in both Houses of Parliament, not a simple executive decision.
- Article 324 provides for the Election Commission, a constitutional body.
ਮੇਨਜ਼
GS2: Constitutional bodies and independence of the Election Commission. The issue is political contestation over the CEC's conduct; Article 324(5) offers security of tenure by tying removal to the Supreme Court Judge route, and any removal needs a special majority in both Houses. The way forward is to protect institutional independence through transparent appointment and credible, accountable functioning.
PYQ connection
A question UPSC has already asked on this
Consider the following statements:
- The motion to impeach a judge of the supreme court of India cannot be rejected by the speaker of the Lok Sabha as per the Judges (Inquiry) Act, 1968.
- The constitution of India defines and gives details of what constitutes 'incapacity and proved misbehaviour' of the judges of the Supreme Court of India.
- The details of the process of the impeachment of the judges of the Supreme Court of India are given in the judges (Inquiry) Act, 1968.
- If the motion of the impeachment of a judge is taken up for voting, the law requires the motion to be backed by each house of the parliament and supported by a majority of total membership of that house and by not less than two-thirds of total members of that House present and voting.
Which of the statements given above is/are correct?
- 1 and 2
- 3 only
- 3 and 4 only
- 1, 3 and 4
ਜਵਾਬ ਵੇਖੋ
ਜਵਾਬ: C
Why this matters: today's issue is directly connected to a concept UPSC has already tested. Read the story with this question in mind.
Practise this PYQ →Quick recall
Answer before you reveal
With reference to the Chief Election Commissioner (CEC) of India, consider the following statements:
- The CEC can be removed from office in like manner and on like grounds as a Judge of the Supreme Court.
- The conditions of service of the CEC can be varied to his disadvantage after appointment.
Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
ਜਵਾਬ ਵੇਖੋ
ਜਵਾਬ: A — Correct: 1 only — Article 324(5) provides for removal in like manner and on like grounds as a Supreme Court Judge, while statement 2 is false. • 2 only — wrong: Statement 2 is false, because Article 324(5) bars varying the CEC's service conditions to his disadvantage after appointment. • Both 1 and 2 — wrong: Statement 2 fails: the Constitution protects the CEC's service conditions after appointment. • Neither 1 nor 2 — wrong: Statement 1 is correct under Article 324(5), so 'neither' cannot be right.
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