Appointment, Conditions of Service and Removal -ECI

Appointment

  • The Chief Election Commissioner and the Election Commissioner are appointed by the President of India.
  • If it is multi-member body, the chief election commissioner shall act as the chairman of the election commission.
  • In case of difference of opinion amongst the Chief Election Commissioner and/or two other election commissioners, the matter is decided by the Commission by majority.
  • The president may also appoint after consultation with the election commission such regional commissioners as he may consider necessary to assist the election commission.

Conditions Of Service

  • The President fixes the service condition and tenures.
  • They enjoy the same status and receive salary and perks as available to Judges of the Supreme Court of India.
  • They have tenure of six years, or up to the age of 65 years, whichever is earlier.
  • 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 majoritye. 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 or Regional Commissioner can only be removed from office by the Chief Election Commissioner.