Impeachment Motion Against Chief Election Commissioner (CEC)

Context:

The Opposition is considering an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar, raising questions on the rare and stringent removal process of a CEC under the Constitution.

About the CEC Removal Process

Constitutional Authority:

• The CEC is appointed under Article 324 of the Indian Constitution.
• Removal safeguards are meant to ensure independence and neutrality of the Election Commission.

Grounds for Removal:

• Proved Misbehaviour: corruption, abuse of office, or failure to discharge duties.
• Incapacity: inability to perform constitutional functions.

Procedure of Removal:

1. Initiation: Motion can be introduced in either House of Parliament, supported by at least 50 MPs.
2. Inquiry: A judicial inquiry committee examines evidence and validates charges.
3. Voting in Parliament: Motion must be passed by a two-thirds majority of members present and voting in both Houses.
4. Presidential Action: Once approved by Parliament, the President orders removal (no discretion).
5. Other Election Commissioners: Can be removed only on the recommendation of the CEC, further strengthening independence.

Historical Note:

• No Chief Election Commissioner has ever been removed since Independence.
• The high constitutional threshold ensures protection against political interference.

IE