How is election commissioner appointed and how he can be removed? What are the various function of election commissioner
Answers
The president appoints the Chief Election Commissioner and Election Commissioners. Chief Election Commissioner and Election Commissioners have tenure of six years, or up to the age of 65 years and 62 years respectively, whichever is earlier. They enjoy the same status and receive salary and perks as available to the judges of the Supreme Court of India. The Chief Election Commissioner can be removed from office only through impeachment by Parliament.The commission has the power to disqualify a candidate who has failed to lodge an account of his election expenses within the time and in the manner prescribed by law. The commission has also the power for removing or reducing the period of such disqualification as also other disqualification under the law.
Answer:
The Chief Election Commissioner cannot be removed from his post easily on account of any political reasons. This is necessary so as to preserve the independence of election commission. Chief Election Commissioner of India can be removed from his office by the Parliament with a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehavior or incapacity. Other Election Commissioners can be removed by the President of India on the recommendation of the Chief Election Commissioner. A Chief Election Commissioner has never been removed in India.
In 2009, just before the 2009 Lok Sabha Elections, Chief Election Commissioner N. Gopalaswami sent a recommendation to President Prathibha Patil to remove Election Commissioner Navin Chawla, who was soon to take office as the Chief Election Commissioner and to subsequently supervise the Lok Sabha Election, citing his partisan behavior in favor of one political party. The President opined that such a recommendation is not binding on the President, and hence rejected it. Subsequently, after Gopalswami's retirement the next month, Chawla became the Chief Election Commissioner and supervised the 2009 Lok Sabha Elections.