UPSC Key Notes: Removal of Chief Election Commissioner, Creamy Layer, and Sixth Schedule

 
Preparing for the UPSC Civil Services Examination demands not only memorization but also a deeper understanding of constitutional provisions, governance mechanisms, and socio-economic issues. Among the most important topics are the removal of the Chief Election Commissioner (CEC), the concept of the creamy layer in reservation, and the Sixth Schedule of the Indian Constitution. These areas often appear in prelims, mains, and even in essay discussions, making them indispensable for serious aspirants.


1. Removal of the Chief Election Commissioner (CEC)

Constitutional Position

The Election Commission of India (ECI) is an independent body under Article 324 of the Constitution.

It consists of the Chief Election Commissioner and other Election Commissioners, appointed by the President of India.

The CEC holds a crucial role in conducting free and fair elections to Parliament, State Legislatures, and the offices of the President and Vice-President.


Safeguards in Removal

Article 324(5) states that the CEC can be removed only through a process similar to the impeachment of a Supreme Court judge.

This requires a special majority in both Houses of Parliament and can be done only on grounds of proved misbehavior or incapacity.

Other Election Commissioners, however, can be removed by the President on the recommendation of the CEC, leading to a difference in protection levels.


The 2023 Act

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 replaced the 1991 Act.

It introduced a Selection Committee comprising:

Prime Minister

Leader of the Opposition (or leader of largest opposition party in Lok Sabha)

A Union Cabinet Minister nominated by the PM


Critics argue that the exclusion of the Chief Justice of India (CJI) from the selection process increases executive influence.


Key Court Rulings

Anoop Baranwal vs Union of India (2023) – SC recommended a neutral committee (PM, CJI, LoP) until Parliament legislated otherwise.

Mohinder Singh Gill case (1977) – affirmed the ECI’s wide powers to conduct free and fair elections.


Recent Issue

In August 2025, opposition parties (INDIA bloc) considered an impeachment motion against CEC Gyanesh Kumar over controversial remarks, sparking debates on ECI’s independence.


2. Creamy Layer in Reservation

Origin and Concept

Introduced after the Mandal Commission Report (1980) and upheld in Indra Sawhney vs Union of India (1992).

The creamy layer excludes relatively affluent and advanced members of Other Backward Classes (OBCs) from availing reservation benefits.

Aim: To ensure benefits reach the most disadvantaged sections of OBCs.


Criteria (as of 2025)

Income limit: ₹8 lakh per annum.

Children of high-ranking officials and professionals are excluded.

The government is working towards uniform application of the rule across jobs and institutions.


Importance and Challenges

Prevents misuse of reservation by dominant sections of OBCs.

Faces opposition from some OBC groups who see it as a limitation on their rights.

No creamy layer provision exists for SCs and STs (as per Supreme Court rulings), which remains a matter of debate.


Current Relevance

Sub-categorization of OBCs (2018) and ongoing discussions on extending reservations to minority groups within OBCs.

Relevant under Articles 15(4) and 16(4) of the Constitution.


3. Sixth Schedule of the Indian Constitution

Constitutional Provisions

Found under Articles 244(2) and 275(1).

Applies to tribal areas in Assam, Meghalaya, Tripura, and Mizoram.

Provides for Autonomous District Councils (ADCs) with legislative, executive, and judicial powers in local governance.

Protects tribal culture, land rights, forests, agriculture, and traditional practices.


Recent Development

In August 2025, the Gauhati High Court questioned the allotment of 3,000 bighas of land in Assam’s Dima Hasao (a Sixth Schedule area) to a private company for a cement factory.

This case highlights the tension between development projects and tribal autonomy.


Relevance to UPSC

Crucial for GS-II (Polity and Governance).

Compare with Fifth Schedule (which covers other tribal areas in India).

Discusses challenges of funding, overlapping jurisdiction, and extension demands (e.g., Ladakh).

Political debates: e.g., Tipra Motha party’s demand regarding benefits for tribal women marrying non-tribals.

Interconnections for UPSC

CEC Removal → Institutional autonomy & democratic integrity.

Creamy Layer → Social justice and equity in affirmative action.

Sixth Schedule → Tribal rights, federalism, and inclusive governance.


Together, these topics highlight how India balances independence of institutions, equitable distribution of opportunities, and protection of cultural identities.


Practice Questions for UPSC

1. Discuss the constitutional safeguards available to the Chief Election Commissioner. How do they ensure the independence of the Election Commission of India?


2. Evaluate the impact of the creamy layer concept on achieving social justice in India.


3. Critically examine the role of the Sixth Schedule in protecting tribal autonomy while promoting national integration.



Conclusion

The removal of the Chief Election Commissioner, the creamy layer in reservations, and the Sixth Schedule are not isolated issues but reflections of India’s democratic, social, and cultural evolution. For UPSC aspirants, these topics demand a mix of static constitutional knowledge and dynamic awareness of recent developments. Mastering them equips future administrators with the analytical depth required to uphold India’s constitutional values and strengthen its governance framework.