Appointment of Election Commissioner

Subject : Polity

Context : Former secretary of the Ministry of Heavy Industries Arun Goel has been appointed as the Election Commissioner.

Concept :

Appointment & Tenure of Election Commissioners

The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners if any, as the president may from time-to-time fix.
The President appoints Chief Election Commissioner and Election Commissioners.
They have a tenure of six years, or up to the age of 65 years, whichever is earlier.
They have the same status and receive pay and perks as available to Judges of the Supreme Court of India.
The proviso to Article 324 (5) of the Constitution safeguards the Chief Election Commissioner (CEC) from arbitrary removal. The CEC can be removed from office only by the order of the President, just like a judge of the Supreme Court. However, the same constitutional provision is silent about the procedure for removal of the two Election Commissioners. It only provides that they cannot be removed from office except on the recommendation of the CEC
They can resign at any time by addressing the resignation letter to the president or can also be removed before the expiry of their term.

Procedure For Removal

He/she can be removed either on the ground of “proved misbehaviour or incapacity”.
He/she can be removed by the president on the basis of a resolution passed to that effect by both the Houses of Parliament with special majority(majority of two-third members present and voting supported by more than 50% of the total strength of the house).
The Constitution does not use the word ‘impeachment’, for the removal of the Chief Election Commissioner.
The term ‘Impeachment’ is only used for removing the President.
The Election Commissioner cannot be be removed from office except the Chief Election Commissioner.

CEC vs ECs

Though the Chief Election Commissioner is the chairman of the election commission, his powers are equal to the other election commissioners.
All the matters in the commission are decided by the majority amongst its members.
The Chief Election Commissioner and the two other election commissioners receive equal salary, allowances and other benefits.