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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:
- Supreme Court Judge
- Chief Justice of a High Court
- 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





