&imwidth=800&imheight=600&format=webp&quality=medium "Can India's Chief Election Commissioner (CEC) really be removed? Here's what the Constitution says")
In a rare development in Indian politics, opposition parties under the INDIA bloc have submitted notices in both Houses of the parliament demanding the removal of Chief Election Commissioner (CEC) Gyanesh Kumar. The notice against CEC followed with the allegations of irregularities in the Special Intensive Revision (SIR) of electoral rolls in West Bengal, mass exclusion of voters, and favouring the ruling BJP.
The move marks the first attempt in the independent history of India to impeach a sitting CEC. But the question lies ahead: Can Gyanesh Kumar really be removed from the CEC post? The short answer is yes; however, it is not as simple because the action requires an extraordinarily rigorous, quasi-judicial process that is similar to the removal process of a Supreme Court judge.
What does the Constitution actually say?
To protect the independence of the Chief Election Commissioner (CEC), Article 324(5) of the Constitution of India states that the CEC can only be removed in the same manner and on the same grounds as a judge of the Supreme Court. Additionally, the CEC’s service conditions cannot be altered to their disadvantage after appointment.
This provision is reinforced by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. The law limits removal to two grounds: proved misbehaviour, such as corruption or abuse of power, or incapacity due to physical or mental inability.
What is the removal process?
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The removal procedure of the CEC is based on Article 124(4) of the Constitution and governed by the Judges (Inquiry) Act, 1968, which is intentionally complex.
- First step says that a motion must first be supported by at least 100 Lok Sabha members or 50 Rajya Sabha members and submitted to the Speaker or the Chairman. The presiding officer then reviews the motion and may either accept or reject it.
- If accepted, then in the next step, a three-member independent committee is formed, consisting of a sitting Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist. This panel conducts a detailed inquiry, examines evidence and determines whether “proved misbehaviour or incapacity” exists.
- If the committee confirms the charges, the motion is debated and must be approved by both Houses in the same session with a special majority—more than half the total membership and at least two-thirds of members present and voting.
- After parliamentary approval, an address is sent to the President, who issues the official removal order.
- This process can take several months and involves thorough legal scrutiny, making it significantly more rigorous than a standard no-confidence motion or parliamentary censure.
