Stories
CEC Gyanesh Kumar to Recommend Removal of ECs? The Manmohan Govt's Naveen Chawla Case.
- •Reports of discord within the Election Commission reveal two ECs expressed written dissent 14 times in 10 months.
- •The Constitution grants the CEC the power to recommend the removal of fellow commissioners to the President.
- •In 2009, CEC N. Gopalaswami recommended removing Naveen Chawla, but the Manmohan government rejected it.
- •The only way to remove a Chief Election Commissioner or Election Commissioner is through impeachment by Parliament.
- •No Election Commissioner has ever been removed by impeachment in independent India's history; the 2009 recommendation was rejected.
Key Questions Answered
Yes, under the Constitution, if the Chief Election Commissioner is not satisfied with the work of fellow commissioners, he can recommend their removal to the President. However, this power can only be used in extremely serious situations and cannot be used merely as a weapon against them.
In January 2009, CEC N. Gopalaswami recommended to President Pratibha Patil that Election Commissioner Naveen Chawla be removed for allegedly leaking meeting information to the Congress party's top leadership. However, the Union Law Ministry advised that the power should only be used in extremely grave circumstances, and the recommendation was subsequently rejected.
Chief Election Commissioners and Election Commissioners can only be removed through an impeachment-style parliamentary process. This motion must be introduced in Parliament, passed by a two-thirds majority in both houses, and receive the President's assent, a strict process that has never happened in independent India's history.
