Chief Election Commissioner (CEC) of India
In India, the Chief Election Commissioner (CEC) cannot be suspended or removed directly by the Central Government or the Prime Minister. The Constitution protects the independence of this office.
1. How the CEC retire?
According to the Election Commission of India, the CEC's tenure is six years or until the age of 65, whichever comes first.
- Normal retirement: The CEC leaves office on reaching age 65 or completing six years, whichever happens first.
- Resignation: The CEC can resign by sending a written resignation to the President of India.
2. Can the government suspend the CEC?
No, not simply by issuing a government order. The government cannot suspend the CEC at its discretion as it might with certain government employees.
Article 324(5) of the Constitution provides that the CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge.
3. What is the legal procedure to remove the CEC?
The process is similar to the removal of a Supreme Court judge.
- Notice in Parliament : - At least 100 Lok Sabha MPs or 50 Rajya Sabha MPs must sign the removal motion.
- Inquiry : - If the Speaker or Chairman admits the motion, a committee investigates the allegations.
- Grounds for removal : - The grounds must be proved misbehaviour or incapacity.
- Special majority : - Both the Lok Sabha and Rajya Sabha must pass the motion by a majority of their total membership and at least two-thirds of members present and voting.
- President's order : - After both Houses pass the motion, it is presented to the President for removal.
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