SC seeks Centre's response on plea for parity among ECs and CEC for removal purposes

The Supreme Court on Monday asked the Centre to respond within four weeks to a PIL seeking direction to bring the two Election Commissioners on par with the Chief Election Commissioner as far as their removal from the office was concerned.

A bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud asked Additional Solicitor General Pinky Anand to file the response to the petition filed by Delhi BJP leader and advocate Ashwini Kumar Upadhyay.

Attorney General K K Venugopal, who was told earlier to assist the court, submitted his views on the matter were different and the government should be asked to file its response separately.

The petitioner contended that the element of independence sought to be achieved under the Constitution is not exclusively for an individual alone but for the institution.

Hence, autonomy to the ECI can only be strengthened if the ECs are also provided with the same protection as the CEC.  He pointed out that Article 324(5) of the Constitution protects the CEC from removal, except if the manner and grounds of removal are the same as a judge of the Supreme Court.