CEC Removal Process
Kartavya Desk Staff
Source: IE
Context: The Opposition is considering an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar.
About CEC Removal Process:
• What it is?
• The CEC is a constitutional authority under Article 324 of the Indian Constitution. Removal safeguards are designed to ensure independence and neutrality of the Election Commission. CEC can only be removed in the same manner and on the same grounds as a Supreme Court Judge.
• The CEC is a constitutional authority under Article 324 of the Indian Constitution.
• Removal safeguards are designed to ensure independence and neutrality of the Election Commission.
• CEC can only be removed in the same manner and on the same grounds as a Supreme Court Judge.
• Procedure of Removal:
• Grounds: Proved misbehaviour → includes corruption, abuse of office, or failure to discharge duties. Incapacity → inability to perform constitutional functions. Initiation: A motion alleging misbehaviour/incapacity is introduced in either House of Parliament. Requires support of at least 50 MPs for admission. Inquiry: A judicial inquiry committee examines the evidence and validates the charges. Voting in Parliament: Motion must be passed by a two-thirds majority of members present and voting in both Houses. Presidential Action: Once Parliament approves, the President orders removal; no discretion remains. Other Election Commissioners: Can only be removed on recommendation of the CEC, further strengthening institutional independence.
• Grounds: Proved misbehaviour → includes corruption, abuse of office, or failure to discharge duties. Incapacity → inability to perform constitutional functions.
• Proved misbehaviour → includes corruption, abuse of office, or failure to discharge duties.
• Incapacity → inability to perform constitutional functions.
• Initiation: A motion alleging misbehaviour/incapacity is introduced in either House of Parliament. Requires support of at least 50 MPs for admission.
• A motion alleging misbehaviour/incapacity is introduced in either House of Parliament.
• Requires support of at least 50 MPs for admission.
• Inquiry: A judicial inquiry committee examines the evidence and validates the charges.
• Voting in Parliament: Motion must be passed by a two-thirds majority of members present and voting in both Houses.
• Presidential Action: Once Parliament approves, the President orders removal; no discretion remains.
• Other Election Commissioners: Can only be removed on recommendation of the CEC, further strengthening institutional independence.
• History of Removal:
• No CEC has ever been removed since independence. The high constitutional threshold has worked as a protective shield against political interference.
• No CEC has ever been removed since independence.
• The high constitutional threshold has worked as a protective shield against political interference.