Removal of CEC

Articles 324 to 329

ECI- Constitutional Body

3 member structure for the first time in?

1989

Which part does ECI correspond to?

Part 15

3 Member structure since?

1993

Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
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• Appointment, Salary and removal of CEC and ECs

• Appointed by President of India, upon recommendation of a Selection Committee

Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991

Replaced by Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

National Voters Day

Jan 25 since 2011

ECI Foundation

Jan 25 1950

2026 ECI Theme

My India My Vote → Citizen @ the heart of Indian democracy

2025 ECI Theme

Nothing like voting, I vote for sure

Current election commissioners

Dr. Sukhbir Singh Sandhu
Dr. Vivek Joshi (Newest)

How were appointments done earlier?

By president on advice of prime minister

Act allows which council to function despite vacancies?

Selection Committee

Who makes up the Selection Committee for the Election Commission?

Consist of Prime Minister, A Union Cabinet Minister, Leader of Opposition / Leader of Largest Opposition Party in Lok Sabha

Who heads the Search Committee, and who comprises it?

Headed by Minister of Law & Justice & comprising 2 Other Members not below rank of Secretary to Government of India, will propose a Panel of 5 Names to Selection Committee

Can the Selection Committee consider names outside of the panel proposed by the Search Committee?

Selection Committee can consider names beyond Shortlist

What is the Eligibility Criteria for selection?

Must be Former or Current Secretaries to Government

Who is the current Chief Election Commissioner (CEC) (26th)?

Gyanesh Kumar (26th)

Who are the other Election Commissioners (ECs)?

Sukhbir Singh Sandhu, Vivek Joshi

Who was the 1st Chief Election Commissioner (CEC)?

Sukumar Sen

Who was the 1st Woman CEC and what is notable about her tenure?

VS Ramadevi (CEC with Shortest Tenure: 16 Days)

Which CEC had the longest tenure?

Kalyan Sundaram (2nd CEC)

Who was the last CEC whose tenure was 6 years?

TN Seshan (1990-96)

CEC and ECs Salary & Benefits Level

Supreme Court Judge-level Salary & Benefits

CEC and ECs Tenure

6 Years or until 65 Years of age, whichever is earlier

CEC and ECs Re-appointment Eligibility

Not Eligible for Re-Appointment

Term Limit when EC is appointed as CEC

Total Term as EC and CEC combined must Not Exceed 6 Years

CEC Removal Process

Removed by Same Process as that of a Supreme Court Judge

ECs and Regional Commissioners Removal Process

By President only on recommendation of CEC

CEC and ECs Resignation Submission

Can submit resignation to President of India

Anoop Baranwal vs Union of India Case (2023) Bench & Ruling

5-Judge Bench ruling directed that CEC and ECs must be appointed by the President based on advice of a Selection Committee

Anoop Baranwal Case (2023) Proposed Committee Composition

Prime Minister, Leader of Opposition in Lok Sabha, Chief Justice of India

Legislative Action following Anoop Baranwal Case (2023)

Parliament passed CEC & Other ECs (Appointment, Conditions of Service and Term of Office) Act 2023 to comply with SC directive

Goswami Committee (1990) Suggestion for CEC

President in consultation with Chief Justice + Leader of Opposition (or leader of the largest party) in Lok Sabha

Goswami Committee (1990) Suggestion for ECs

President in consultation with Chief Justice + Leader of Opposition (or leader of the largest party) in Lok Sabha + CEC

National Commission to Review Working of Constitution Report (2002) Suggestion

Prime Minister + Leader of Opposition in Lok Sabha + Leader of Opposition in Rajya Sabha + Speaker of Lok Sabha + Deputy Chairman of Rajya Sabha

Law Commission (2015) Suggestion

255th Law Commission Report
Prime Minister + Leader of Opposition in Lok Sabha / Leader of Largest Opposition Party in Lok Sabha + Chief Justice of India

Special Intensive Revision (SIR) Definition

Focused, Time–Bound, House–to–House Verification of Voters by Booth Level Officers (BLOs) to Update Electoral Rolls (Add Missing Voters, Remove Ineligible Ones, Correct Entries)

SIR Enabling Provision

Section 21 (3) of the Representation of People Act 1950

Association for Democratic Reforms Case on SIR

SC held that SIR falls within ECI's Statutory Mandate and is consistent with its Constitutional Responsibility to ensure Free and Fair Elections

Article 324 Authority

Gives Election Commission of India (ECI) supervisory and controlling authority over Elections and Electoral Rolls

Lal Babu Hussein vs Electoral Registration Officer (1995)

SC struck down ECI Guidelines allowing Deletion from Electoral Rolls on Mere Suspicion of Foreign Origin

Md. Rahim Ali vs State of Assam (2024)

SC ruled that Mere Suspicion is Insufficient to Remove Names from Voter List

Section 22 of RPA 1950

Electoral Registration Officers can Correct, Transpose or Delete Entries after Proper Verification when Entries are Erroneous, Exlector has Shifted, or Other Statutory Grounds apply

SIR Voter Eligibility Criteria

Excludes Non–Citizens (Sec 16) and includes Citizens aged 18 or above who are Ordinarily Resident in Constituency (Sec 19)

Article 326 Provision

Guarantees Adult Suffrage (Citizens aged 18+; 61st Amendment 1988 reduced it from 21 years)

Kuldip Nayar vs Union of India (2006) on Right to Vote

SC ruled that Right to Vote is Statutory, Not Fundamental under Section 62, RPA 1951

Anoop Baranwal vs Union of India (2023) on Right to Vote

SC upheld Settled Position (Statutory Right) and Declined to Reopen the Case

Past SIR Conduct Years

Conducted in 1952–56, 1957, 1961, 1965, 1966, 1983–84, 1987–89, 1992, 1993, 1995, 2002, 2003 and 2004 in various parts of India

SIR Rules in Bihar: Document Requirements

Those not in 2003 Electoral Rolls of Bihar must submit Any of 11 Documents to Prove Date and/or Place of Birth

SIR Rules in Bihar: Birth Proof after July 1987

Those born after 1 July 1987 need Parents' Birth Proof too (akin to Citizenship Proof)

SIR Rules in Bihar: Excluded Identity Documents

List of Documents includes neither Aadhaar or PAN, nor Old Voter ID

SIR in Bihar: Last Conducted Year

Last SIR in Bihar was held in 2003

Judicial Interpretation: N.P. Ponnuswami (1952)

Voting is a Statutory Right

Judicial Interpretation: Jyoti Basu (1982)

Reiterated that Voting is Neither a Fundamental nor Common Law Right

Judicial Interpretation: Kuldip Nayar (2006)

Reaffirmed its Statutory Nature

Judicial Interpretation: Anoop Baranwal (2023)

Majority View upheld it as a Statutory Right

Mohinder Singh Gill v. Chief Election Commissioner (1977) Significance

Cornerstone in defining Plenary Powers of ECI under Article 324, affirming its role as a Guardian of Electoral Integrity Beyond Express Provisions of Law

Mohinder Singh Gill (1977): Scope of ECI Powers (Articles 327 & 328)

Where Laws enacted by Parliament or State Legislatures are Silent, ECI has Authority to Act Independently to safeguard Free and Fair Elections

Mohinder Singh Gill (1977): Proactive Authority of ECI

Commission can take Decisive Measures, including Ordering a Re-Poll, if it believes Purity of Electoral Process has been Compromised

Mohinder Singh Gill (1977): Natural Justice Application

While Principles of Natural Justice are Important, Court emphasized their Flexible and Pragmatic Application in Electoral Context to Avoid Obstructing Timely Decisions

Mohinder Singh Gill (1977): Judicial Review Timing

ECI's Decisions remain open to Judicial Scrutiny, but such review usually comes after Election Process is Over so as Not to Disrupt Conduct of Elections

Journey of EVM: 1982

EVMs were first used in an assembly bye-election in Kerala

Journey of EVM: 1989

The Representation of the People Act, 1951 was amended to permit EVM use

Journey of EVM: 2004

EVMs were adopted for General Elections and have been used in all elections since

Journey of EVM: 2013

Supreme Court mandated VVPAT use in Subramanian Swamy v. Election Commission of India

Journey of EVM: 2019 Landmark SC Ruling

Supreme Court ruled in N. Chandrababu Naidu and Others v. Union of India and Another that 5 EVMs per assembly constituency or assembly segment in a parliamentary constituency must undergo VVPAT verification

VVPAT Stand-for Definition

Voter Verifiable Paper Audit Trail

VVPAT System Description

Independent System attached with EVM that allows Voters to Verify that their Votes are Cast as Intended

VVPAT Aim

To enhance trust in Voting Process by enabling Physical Verification of Electronically Cast Votes, reassuring Both voters and Political Parties about the Accuracy of their Votes

VVPAT Voting Process: Display Window

When a Vote is Cast, a Slip is printed containing Serial Number, Name and Symbol of Candidate and remains exposed through a Transparent Window for 7 Seconds

VVPAT Voting Process: Drop Box & Access

Printed Slip automatically gets cut and falls in Sealed Drop Box of VVPAT; machines can be accessed by Polling Officers Only

Current Model of EVM and VVPAT Used

Presently, "M3 Model" of EVM and VVPAT are used

VVPAT Introduction Year

Initially proposed in 2010

VVPAT Approval & First Use

Approval of VVPAT by ECI in 2013; introduced in Bye-Election of Noksen Assembly Constituency of Nagaland in 2013

Conduct of Elections Rules 1961 Amendment for VVPAT

Rules were amended to allow for a Printer with a Drop Box to be attached to EVM

VVPAT General Election History

1st introduced in India in 2014 Lok Sabha Elections; in 2019 Lok Sabha Elections, VVPATs were used in All Constituencies

Supreme Court View on VVPAT in 2013

In 2013 Subramanian Swamy vs ECI, SC emphasised Necessity of implementing VVPAT in Elections conducted through EVMs

Supreme Court Ruling on VVPAT Slips Counting (2019)

In 2019, SC ruled that VVPAT Slips of 5 EVMs in Every Constituency should be Counted instead of Just 1 EVM

2019 VVPAT Petition Detail

In 2019, a Petition was moved to SC asking for a Minimum 50% Randomised VVPAT Slips to be Counted

Initial VVPAT Matching Rule by ECI

Initially, ECI used to match VVPAT Paper Slips under 1 EVM per Assembly Segment Rule

Electronic Voting Machine (EVM) Definition

Electronic Device used to Record Votes in place of Ballot Papers and Boxes

EVM First Use in India

1st used in Paravur Assembly Constituency of Kerala in 1982

EVM Adoption Timeline (2003–2004)

In 2003, All State Elections and By-Elections and in 2004, Lok Election was held using EVMs

EVM Developers

Developed by: Bharat Electronics Ltd (Bangalore) and Electronic Corporation of India Ltd (Hyderabad)

EVM Parts & Components

It has 2 parts: Control Unit and Balloting Unit

EVM Parts Location

Control Unit stays with Polling Officer, while Balloting Unit is in Voting Booth

EVM Lifespan

EVMs have a life of 15 years

deputy chairman of rajya sabha

The current Deputy Chairman of the Rajya Sabha is Harivansh Narayan Singh, who was re-elected unopposed to his third consecutive term on April 17, 2026
Nominated MP

Article 89(2)

provides for the election of a Deputy Chairman from among the members of the Rajya Sabha

Supreme Court Judge Removal Grounds

Proved misbehaviour or incapacity, as laid down under Article 124(4) of the Constitution and regulated by the Judges (Inquiry) Act, 1968

Removal Motion Lok Sabha Requirement

Must be signed by at least 100 members

Removal Motion Rajya Sabha Requirement

Must be signed by at least 50 members

Submission of Removal Motion

Submitted to the Speaker (in Lok Sabha) or the Chairman (in Rajya Sabha), who has the discretion to accept or reject it

Investigation Committee Composition

3-member committee consisting of: (1) The Chief Justice of India (CJI) or a Supreme Court Judge, (2) A Chief Justice of a High Court, and (3) A distinguished jurist

Investigation & Finding Outcome

Committee conducts inquiry; if found not guilty, process ends; if found guilty, motion is taken up for consideration and debate in the House where it was introduced

Parliamentary Voting Requirement for Removal

Must be approved by both Houses separately in the same session by a Special Majority

Special Majority Definition

Majority of the total membership of that House, AND at least two-thirds (2/3rd) majority of the members present and voting

Final Step in Judge Removal

Once both Houses pass the motion, an address is presented to the President of India, who then issues an order removing the judge from office