Appointment of the Election Commissioner
- The Supreme Court, after inspecting official files recently, said the appointment of Arun Goel as Election Commissioner was done with “lightning speed”, the procedure taking less than 24 hours from start to finish.
What is the procedure established?
- Chief Election Commissioner and Election Commissioners are appointed by The President of India.
- Chief Election Commissioner and Election Commissioners have tenure of six years, or up to the age of 65 years, whichever is earlier.
- Chief Election Commissioner and Election Commissioners enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
What are the Constitutional Provisions?
- The Part XV of the constitution from Article 324 to 329 deals with the powers and functions of the Election Commission. They are as follows:
- Article 324: Superintendence, direction and control of elections to be vested in an Election Commission.
- Article 325: No person to be ineligible for inclusion in, or to claim to be included in a special electoral roll on the ground of religion, race, caste or sex.
- Article 326: Elections to the Lok Sabha and Legislative Assemblies of States to be on the basis of adult suffrage.
- Article 327: Power of Parliament to make provision with respect to elections to legislature.
- Article 328: Power of Legislature of a State to make provision with respect to elections to such Legislature.
- Article 329: Restricts the interference of courts in electoral matters.
- The Chief Election Commissioner (CEC) can be removed from office only through a resolution passed by the parliament through a special majority.
- The CEC can be removed from office only through a process of removal similar to that of a Supreme Court Judge or CAG.
- The President of India can remove the other officers on the Chief Commissioner’s recommendation.
- They can resign anytime or can also be removed before the expiry of their term.
Source The Hindu
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