How Can the Chief Election Commissioner Be Removed?

How Can the Chief Election Commissioner Be Removed?

Why in News?

• The Opposition has indicated that it will move a motion in Parliament seeking the removal of Chief Election Commissioner Gyanesh Kumar. The move follows reports of differences within the Election Commission over certain decisions and processes.
• The constitutional framework for appointment and removal of the CEC is mainly governed by Article 324 and the CEC and Other Election Commissioners Act, 2023.

Appointment and Tenure

• The President appoints the CEC and other Election Commissioners on the recommendation of a three-member committee comprising the Prime Minister, Leader of Opposition and a Union Cabinet Minister.
• Their tenure is six years or until 65 years of age, whichever is earlier.

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.
• The grounds are proved misbehaviour or incapacity.
• A removal motion must have the support of at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs for admission.
• If admitted, an inquiry committee examines the allegations.
• The motion must then be passed by:
  • A majority of the total membership of each House, and
  • At least two-thirds of members present and voting in each House.
• After both Houses pass the motion, the President issues the order of removal.

Other Election Commissioners

• An Election Commissioner or Regional Commissioner cannot be removed by the President without the recommendation of the CEC.
• This protection is different from the removal process applicable to the CEC.

Significance

• The high removal threshold is intended to protect the independence of the Election Commission from political pressure.
• No Chief Election Commissioner has so far been successfully removed through this parliamentary process.

Practice Question

Q. Consider the following statements regarding the removal of the Chief Election Commissioner (CEC) in India:

1. The CEC can be removed by the President on the recommendation of the Union Cabinet. 
2. A removal motion must be supported by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha for admission. 
3. The removal motion requires a majority of the total membership of each House and a two-thirds majority of members present and voting. 
4. An Election Commissioner other than the CEC can be removed by the President only on the recommendation of the CEC. 

Which of the statements given above are correct?

(a) 1 and 2 only
 (b) 1, 3 and 4 only
 (c) 2 and 4 only
 (d) 2, 3 and 4 only

Answer: (d) 2, 3 and 4 only

Explanation:

• The CEC is not removed on the recommendation of the Union Cabinet. The CEC can be removed only through the constitutional procedure applicable to a Supreme Court judge. Hence, Statement 1 is Incorrect. 
• The removal motion requires the support of at least 100 Lok Sabha members or 50 Rajya Sabha members for admission. Hence, Statement 2 is Correct. 
• The motion must be passed by a majority of the total membership of each House and a two-thirds majority of members present and voting. Hence, Statement 3 is Correct. 
• An Election Commissioner other than the CEC can be removed by the President only on the recommendation of the CEC. Hence, Statement 4 is Correct.

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