Impeachment of the Chief Election Commissioner

Impeachment of Chief Election Commissioner

The Election Commission of India is one of the most powerful constitutional bodies that ensures free and fair elections in the country. To protect its independence, the Chief Election Commissioner (CEC) enjoys special safeguards in terms of tenure and removal process.

Constitutional Basis

• Article 324(5), Constitution of India: CEC can be removed “in like manner and on like grounds as a Supreme Court Judge.”
• Purpose: To secure independence of the Election Commission from executive interference.

Grounds for Removal

Same as Supreme Court Judges under Article 124(4):

• Proved misbehaviour or Incapacity

Removal Procedure (Same as Supreme Court Judge)

1. Motion introduced in either House of Parliament (needs support of at least 50 MPs to admit).
2. Inquiry into charges by an inquiry/judicial committee.
3. Voting in each House:
   • Majority of total membership, And
   • Two-thirds of members present and voting.
4. If passed in both Houses → President issues removal order.

Other Election Commissioners

Election Commissioners (ECs) & Regional Commissioners:

• Can be removed by the President on recommendation of the CEC.
• Thus, CEC has stronger protection compared to other ECs.

Current Affairs Relevance

Recently, the INDIA bloc has considered moving a motion to remove the CEC.

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