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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:
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- Proved Misbehaviour: corruption, abuse of office, or failure to discharge duties.
- Incapacity: inability to perform constitutional functions.
Procedure of Removal:
- Initiation: Motion can be introduced in either House of Parliament, supported by at least 50 MPs.
- Inquiry: A judicial inquiry committee examines evidence and validates charges.
- Voting in Parliament: Motion must be passed by a two-thirds majority of members present and voting in both Houses.
- Presidential Action: Once approved by Parliament, the President orders removal (no discretion).
- 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.
