Motion in Both Houses, 2/3rd Majority: Process to Remove the CEC
Context: Reports of differences within the three-member Election Commission of India have brought its functioning and independence into focus, and a proposed motion seeking removal of Chief Election Commissioner Gyanesh Kumar has brought the constitutional procedure for removal into discussion.
Constitutional Framework of the ECI
Establishes the ECI and gives it superintendence, direction and control over elections to Parliament, State Legislatures, President and Vice-President; the CEC functions as Chairman when other Commissioners are appointed.
Removal of the CEC
Under Article 324(5), the CEC can be removed only in the same manner and on the same grounds as a Supreme Court Judge — i.e., for proved misbehaviour or incapacity.
Initiation needs signatures of at least 100 Lok Sabha or 50 Rajya Sabha members under the Judges (Inquiry) Act, 1968; a three-member inquiry committee examines allegations; both Houses must pass the motion by a majority of total membership and at least two-thirds present and voting; the President then issues the removal order.
Removal of Other Election Commissioners & Why Such Protection
Under Section 11(3) of the CEC and Other ECs Act, 2023, an EC other than the CEC cannot be removed except on the CEC's recommendation — no Supreme Court Judge-like parliamentary process applies to them.
Strong removal safeguards ensure electoral independence, security of tenure and constitutional neutrality, preventing the executive from controlling the institution through the threat of removal.
Prelims Practice MCQ
+2 correct • −0.66 wrongConsider the following statements:
1. Under Article 324(5), the Chief Election Commissioner can be removed in the same manner as a Supreme Court Judge.
2. An Election Commissioner other than the CEC can be removed only on the recommendation of the CEC.
3. A motion for removal of the CEC requires a simple majority of members present and voting in each House.
Which of the statements given above is/are correct?
UPSC Mains Question
10 Marks • 150 WordsDiscuss the constitutional procedure for the removal of the Chief Election Commissioner and examine why such strong protection is provided to this office.
- State Article 324(5)'s precise standard — 'same manner and grounds as a Supreme Court Judge' — as the core legal safeguard.
- Cite the exact procedural numbers — 100 LS/50 RS signatures, three-member inquiry, two-thirds present-and-voting threshold.
- Distinguish the CEC's removal process from other ECs' (CEC recommendation only, no parliamentary process) — a frequently tested asymmetry.
- Name Section 11(3) of the CEC and Other ECs Act, 2023 precisely for the other-Commissioners' removal basis.
- Frame the rationale explicitly around electoral independence and checks on executive power, not just 'strong protection'.