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The Removal of the Chief Election Commissioner

1 min read Source: Indian Express
All exams GA
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A coalition of Opposition parties announced plans to submit notices of motion in both Houses of Parliament seeking the removal of CEC Gyanesh Kumar.

Context

Key Highlights

  • Article 324(5): The CEC can be removed only in the same manner and on the same grounds as a Supreme Court Judge.
  • Grounds: Removal is possible only for proved misbehaviour or incapacity.
  • Other Election Commissioners: They can be removed by the President only on the recommendation of the CEC.
  • Notice: Requires at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
  • Inquiry Committee:
    1. Supreme Court Judge
    2. Chief Justice of a High Court
    3. Distinguished jurist
  • Parliamentary approval: The motion must pass in both Houses by a special majority:
    • Majority of the total membership of the House, and
    • At least two-thirds of members present and voting.
  • Final step: After Parliament passes the address, it is presented to the President, who issues the removal order.
  • Judges (Inquiry) Act, 1968: Provides the framework for the inquiry process.

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  • Article 324(5) — CEC removal only like a Supreme Court judge; ECs only on the CEC’s recommendation
  • Article 124(4) — grounds: proved misbehaviour or incapacity; requires a special majority
  • Judges (Inquiry) Act, 1968 governs the inquiry
  • Special majority under Article 124(4) — majority of total membership plus two-thirds of those present and voting
  • No CEC has ever been removed; no Supreme Court or High Court judge has ever been removed by this route either — Justice V. Ramaswami (1993) came closest, when the motion failed for want of the required majority in the Lok Sabha
  • The weaker protection for ECs — removable on the CEC’s recommendation — has long been criticised, and was noted in Anoop Baranwal (2023)
  • Tenure: six years or age 65, whichever is earlier; no reappointment
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