Chairs of both Houses reject notice seeking CEC’s removal

Why in News?

Chairpersons of both Houses of Parliament rejected a notice submitted by Opposition Members of Parliament seeking the removal of the Chief Election Commissioner (CEC). It sought the removal of the current Chief Election Commissioner Gyanesh Kumar

Constitutional Provision: Article 324(5)

• Article 324 deals with the Election Commission of India (ECI).
• Clause (5) ensures security of tenure for the CEC.
• It states that:
  • The CEC can be removed only in the same manner and on the same grounds as a Supreme Court Judge.

Grounds for Removal of CEC:

The CEC can be removed only on:

• Proven misbehaviour
• Incapacity

These conditions ensure independence and prevent arbitrary removal.

Procedure for Removal of CEC

The process is similar to the removal of a Supreme Court Judge and follows the Judges (Inquiry) Act, 1968. The procedure is as follows

1. Initiation of Motion

• Requires:
  • At least 100 Lok Sabha MPs, OR
  • At least 50 Rajya Sabha MPs

Admission & Investigation

• The motion is submitted to:
  • Lok Sabha Speaker or Rajya Sabha Chairman
• If admitted, a 3-member inquiry committee is formed:
  • A Supreme Court Judge
  • A Chief Justice of a High Court
  • A Distinguished jurist

3. Parliamentary Approval

• If charges are proven:
  • Both Houses must pass the motion with a Special Majority:
    • Majority of total membership AND
    • Two-thirds of members present and voting

4. Final Removal

• After Parliament passes the motion:
  • The President of India issues the final removal order.

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