Removal of Chief Election Commissioner (CEC) in India

Chief Election Commissioner (CEC) Removal Process in India

10th Mar 2026

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Why in News?

The Opposition, led by the Trinamool Congress, is preparing a motion to impeach Chief Election Commissioner (CEC) Gyanesh Kumar, alleging biased conduct, particularly over the Special Intensive Revision (SIR) of electoral rolls in West Bengal.

Appointment of the Chief Election Commissioner (CEC):

The Chief Election Commissioner (CEC) is appointed by the President of India.
The appointment is governed by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The appointment is made on the recommendation of a three-member selection committee comprising:
- Prime Minister (Chairperson)
- Leader of Opposition in the Lok Sabha
- A Union Cabinet Minister nominated by the Prime Minister
The tenure of the CEC is six years or until the age of 65 years, whichever is earlier

Constitutional & Legal Provisions for Removal of Chief Election Commissioner

Provision	Key Clause
Article 324(5)	CEC can be removed in the same manner and on the same grounds as a Supreme Court judge.
Article 124(4)	Removal of SC judge by Presidential order after Parliament's address with special majority.
Judges (Inquiry) Act, 1968 - Section 3	Motion for removal must be signed by ≥100 Lok Sabha MPs or ≥50 Rajya Sabha MPs.
CEC & EC (Appointment, Conditions of Service…) Act, 2023 - Section 11	Reaffirms that CEC removal follows the same process as removal of a Supreme Court judge.

Article 324(5): Protection of the CEC

Article 324 deals with the Election Commission of India (ECI).

Key provisions of Article 324(5):

The Chief Election Commissioner cannot be removed except in the same manner and on the same grounds as a Judge of the Supreme Court.
Other Election Commissioners (ECs) and Regional Election Commissioners can be removed only on the recommendation of the CEC.
This protection ensures institutional independence of the Election Commission from executive interference.

Grounds for Removal

The Chief Election Commissioner can be removed only on the following grounds:

Proved Misbehaviour
Incapacity

These are the same grounds that apply to the removal of a Judge of the Supreme Court under Article 124(4).

Procedure for Removal of the CEC

The detailed procedure follows the provisions applicable to the removal of judges, as laid down in the Judges (Inquiry) Act, 1968.

Step 1: Notice of Motion: The process begins with a motion for removal signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.

Step 2: Admission of Motion: The motion is then submitted to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha, who may either admit or reject the motion.

Step 3: Inquiry Committee: If the motion is admitted, a three-member inquiry committee is constituted comprising a Judge of the Supreme Court, a Chief Justice of a High Court, and a distinguished jurist to investigate the allegations.

Step 4: Committee Report: If the committee finds the CEC guilty of proved misbehaviour or incapacity, the motion is taken up for discussion in Parliament.

Step 5: Parliamentary Approval: The motion must then be passed in both Houses of Parliament by a special majority, which includes a majority of the total membership of the House and two-thirds of the members present and voting, and both Houses must pass it in the same session.

Step 6: Presidential Order: After Parliament passes the motion, the President of India issues an order removing the Chief Election Commissioner from office.

Source- IE

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