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Lok Sabha Speaker says a fresh motion to remove the Chief Election Commissioner will be examined under the rules
ஏன் செய்தியில்?
Who can remove the CEC, and who needs the CEC's nod? The Article 324(5) rule GS-II tests
Speaker Om Birla says a fresh removal motion against CEC Gyanesh Kumar will be examined as per the rules.
Why it matters: asked in UPSC 2022
What you need to know
2 நிமிடம்
Lok Sabha Speaker Om Birla has said that any fresh motion moved by Opposition parties to remove Chief Election Commissioner Gyanesh Kumar will be examined strictly as per the rules.
Under Article 324(5) of the Constitution, the Chief Election Commissioner can be removed only in the manner and on the grounds applicable to a Supreme Court judge, which means a motion passed by a special majority of both Houses of Parliament.
Other Election Commissioners can be removed only on the recommendation of the Chief Election Commissioner.
ஆதாரங்கள்: Topper IAS editorial (PIB / The Hindu / Indian Express)
முக்கிய உண்மைகள்
Remember these
- Article 324(5): the CEC can be removed only in the manner and on the grounds applicable to a Supreme Court judge.
- Removal needs a motion passed by a special majority of both Houses of Parliament.
- Other Election Commissioners can be removed only on the recommendation of the CEC.
- Article 324(2): the President fixes the number of Election Commissioners; the Constitution does not.
- Current CEC: Gyanesh Kumar; Speaker of the Lok Sabha: Om Birla.
ப்ரிலிம்ஸ் · மெயின்ஸ்
How the exam will ask it
ப்ரிலிம்ஸ்
- The Chief Election Commissioner can be removed in the like manner and on the like grounds as a Judge of the Supreme Court.
- No Election Commissioner other than the CEC can be removed except on the recommendation of the CEC.
- The Constitution does not fix the number of Election Commissioners; Article 324(2) leaves it to the President.
- Removal of the CEC requires a special majority in both Houses of Parliament.
மெயின்ஸ்
GS-II (Constitutional bodies): the issue is the independence of the Election Commission amid Opposition moves to remove the CEC. Article 324(5) gives the CEC security of tenure on par with a Supreme Court judge, and the CEC's recommendation shields other Commissioners from arbitrary removal. This protects electoral neutrality, though the way forward lies in transparent appointments and consistent adherence to procedure.
PYQ connection
A question UPSC has already asked on this
With reference to Deputy Speaker of Lok Sabha, consider the following statements:
- As per the Rules of Procedure and Conduct of Business in Lok Sabha the election of Deputy Speaker shall be held on such date as the Speaker may fix.
- There is a mandatory provision that the election of a candidate as Deputy Speaker of Lok Sabha shall be from either the principal opposition party or the ruling party.
- The Deputy Speaker has the same power as of the Speaker when presiding over the sitting of the House and no appeal lies against his rulings.
- The well established parliamentary practice regarding the appointment of Deputy Speaker is that the motion is moved by the Speaker and duly seconded by the Prime Minister.
Which of the statements given above are correct?
- 1 and 3 only
- 1, 2 and 3
- 3 and 4 only
- 2 and 4 only
விடையைக் காட்டு
விடை: A
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) and Election Commissioners of India, consider the following statements:
- The CEC can be removed in the like manner and on the like grounds as a Judge of the Supreme Court.
- Any other Election Commissioner cannot be removed except on the recommendation of the CEC.
- The Constitution fixes the number of Election Commissioners at three.
How many of the above statements are correct?
- Only one
- Only two
- Only three
- None of them
விடையைக் காட்டு
விடை: B — The correct answer is Only two. Statements 1 and 2 follow Article 324(5); statement 3 is false because Article 324(2) leaves the number to the President.
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