CEC Removal Motion: Legal Provisions for Removing the Chief Election Commissioner

CEC Removal Motion Latest News

• The Opposition is preparing to move a motion to impeach Chief Election Commissioner (CEC) Gyanesh Kumar, alleging biased conduct. 
• The removal process will follow the same procedure as that for removing a Supreme Court judge, as provided under the law.

Opposition’s Allegations Against the CEC

• The Opposition is drafting an impeachment motion against Chief Election Commissioner Gyanesh Kumar and is gathering the required signatures from MPs. 
• The primary allegation is “biased conduct”, with the EC accused of targeting West Bengal during the Special Intensive Revision of electoral rolls, including the deployment of micro-observers in the state.

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Process for Removal of the Chief Election Commissioner (CEC)

• The removal of the Chief Election Commissioner (CEC) is governed by Article 324(5) of the Constitution. 
• It states that the CEC can be removed only in the same manner and on the same grounds as a judge of the Supreme Court.
• The Article also provides that Election Commissioners can be removed only on the recommendation of the Chief Election Commissioner. 
• The removal process is subject to laws enacted by Parliament.

Legal Framework

• Parliament enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
• Section 11 of this Act deals with the resignation and removal process.
• It reiterates the constitutional provision that the CEC can only be removed in the same manner as a Supreme Court judge.

Grounds for Removal

• The grounds for removal are the same as those applicable to Supreme Court judges under Article 124(4):
  • Proved misbehaviour, or
  • Incapacity

Parliamentary Procedure for Removal

• The removal process follows the procedure laid down in the Judges (Inquiry) Act, 1968.
• Initiation of Motion – A motion for removal must be signed by: At least 100 members of the Lok Sabha, or At least 50 members of the Rajya Sabha.
• Admission of Motion – The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha may admit or reject the motion.

Inquiry by Investigation Committee

• If the motion is admitted, a three-member inquiry committee is constituted to investigate the charges.
• The committee must include:
  • One Supreme Court judge
  • One Chief Justice of a High Court
  • One distinguished jurist
• The committee investigates the allegations and submits a report to the Speaker or Chairman.

Parliamentary Voting

• If the committee finds the charges proved, the motion is taken up for voting in Parliament.
• To succeed, 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.
  • Both Houses must pass the motion in the same session.

Final Order by the President

• Once both Houses pass the motion, an address is sent to the President, who then issues an order removing the Chief Election Commissioner from office.

Source: IE | TH