The Removal of the Chief Election Commissioner (CEC)

The Opposition is preparing to move a motion seeking the removal of Gyanesh Kumar, the Chief Election Commissioner (CEC) of the Election Commission of India, alleging biased conduct.

According to Article 324(5) of the Constitution of India, the CEC cannot be removed from office except in a manner and on grounds identical to those of a Supreme Court Judge.

Component	Details
Grounds for Removal	The CEC can be removed only on two specific grounds: Proved misbehaviour Incapacity
Procedural Requirements	The actual process follows the procedure laid down in the Judges (Inquiry) Act, 1968: Initiation: A motion for removal must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha and submitted to the Speaker/Chairman. Inquiry: If the motion is admitted, a three-member committee comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist investigates the charges. Special Majority: If the committee finds the CEC guilty, the motion must be passed by both Houses of Parliament in the same session by a “Special Majority”. A majority of the total membership of the House. A majority of not less than two-thirds of the members present and voting. Presidential Order: Once passed by both Houses, the address is presented to the President of India, who then issues the formal order for removal.
Legal Framework	The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, specifically Section 11, reiterates these constitutional protections, ensuring that the CEC’s tenure cannot be cut short by the executive branch alone.
Important Distinction: CEC vs Other ECs	The protection described above applies only to the CEC. Other Election Commissioners (ECs) and Regional Commissioners can be removed by the President simply on the recommendation of the Chief Election Commissioner. They do not require the parliamentary “impeachment-like” process.

PT Facts

Article Involved: Article 324(5).
CEC Removal: Same manner and grounds as a Supreme Court Judge.
Grounds: Proved misbehaviour and incapacity.
Law Referenced: Judges (Inquiry) Act, 1968.
Committee: Supreme Court judge + High Court Chief Justice + distinguished jurist.
Important Distinction: This protection applies only to the CEC, not to other ECs.

Source:

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