Opposition parties are reportedly considering taking steps toward impeaching the Chief Election Commissioner (CEC). This development has re-intensified public discourse surrounding the independence of the Election Commission of India (ECI). While the proposal has not fully formed into a legitimate political movement, it presents many legitimate constitutional and institutional issues regarding how the ECI can be held accountable through impeachment altogether.
The ECI is responsible for running the national and state elections of the world’s largest democracy. Any efforts to remove the head of the ECI carries implications that extend far beyond just daily political disputes.
The opposition’s motivation for pursuing this type of action stems from their accusations of the ECI not acting independently on recent politically controversial matters and during recent election cycles. Several political parties have suggested that many ECI decisions are made, in fact, for the purposes of supporting the ruling political establishment and undermining the legitimacy of the ECI and its oversight of the electoral process in India.
Thus, opposition leaders will present their push for an impeachment for the sake of preserving the overall credibility of the electoral system in India. Government representatives, conversely, will continue to assert that the ECI is functioning without partisanship and in accordance with the constitutional authority of the ECI.
Even though the opposition has yet to formally present a motion in Parliament, it has reignited discussions about the potential for impeachment and has renewed interest in the legal status surrounding the Chief Election Commissioner’s (CEC) various protections.
Is the CEC subject to impeachment?
As per the Constitution of India, it is intentionally challenging to remove a CEC. Under Article 324, the CEC must be removed from office in a manner comparable to removing a judge at the Supreme Court level.
This means that both Houses of Parliament must pass a resolution with a special majority for a motion for the removal of the CEC to succeed. Typically, both Houses perform an investigation into whatever allegations of misconduct or incapacity the CEC may have prior to voting on the motion. Once the Lok Sabha and the Rajya Sabha successfully pass the motion, the President of India will remove the CEC.
The high level of difficulty is to prevent outside influences from affecting how the Election Commission operates, making it independent from the government of the day. All other election commissioners may be removed by the President based upon the recommendation of the CEC.
Due to the strict and comprehensive constitutional safeguards provided for by the Indian Constitution, no CEC has ever been removed from office by an impeachment motion initiated by anybody in India since Independence.
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Why the issue matters for India’s democracy
Questions of whether parliament should fire the Chief Election Commissioner are now being raised in discussions regarding whether or not independent institutions are legitimate.
The Election Commission oversees how elections are run, enforces the Model Code of Conduct (MCC), and is responsible for ensuring elections are fair and credible.
Therefore any attempt by members of parliament to see the independence and/or authority of the Commission challenged could lead to a reduction in the public’s trust in the democratic system as a whole.
Constitutional lawyers have stated parliamentary control of removing could be initiated by parliament, however, this is not a normal instrument that is used by any single parliament.
At this time, proposals by the opposition to remove the CEC seems to be more of a politically charged statement than a valid constitutional issue. However, discussions on this matter indicate that there is growing scrutiny regarding the functioning of India’s independent electoral institutions, particularly at a time of very competitive politics.
The independence of the Election Commission and its credibility will continue to be major issues impacting the stability of India as a democratic nation while it does, in fact, conduct some of the largest democratic elections in the history of the world.
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