Supreme Court calls out Centre over short tenures of Chief Election Commissioners
About ECI
- The Election Commission of India is an autonomous constitutional authority responsible for administering Union and State election processes in India. The body administers elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies in India, and the offices of the President and Vice President in the country.
- The President appoints Chief Election Commissioner and Election Commissioners. They have tenure of six years, or up to the age of 65 years, whichever is earlier.
- They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
- According to Article 324 (5), the Chief Election Commissioner (CEC) can be removed from office only through impeachment by Parliament. 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.
- The Commission transacts its business by holding regular meetings and also by circulation of papers. All Election Commissioners have equal say in the decision making of the Commission.
- If the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, such matter shall be decided according to the opinion of the majority.
Why in News?
- The Supreme Court has said the government pays mere “lip-service” to the independence of the Election Commissioners and this is evident from the way the tenures of Chief Election Commissioners (CECs) have slid down from over eight years in the 1950s to just about a few hundred days after 2004.
- The Constitution Bench is hearing a series of petitions seeking functional independence for Election Commissioners. The court is specifically examining the question of setting up an “independent, neutral mechanism”, outside the control of the government, for the appointment of Election Commissioners.
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