CEC Removal Process
Syllabus: Polity (UPSC Prelims)
Source: IE
Context: The Opposition is planning an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar.
Role of the CEC
- The CEC is a constitutional authority under Article 324 of the Indian Constitution.
- Removal safeguards exist to protect the independence and neutrality of the Election Commission.
Conditions for Removal
- Misbehaviour: Includes corruption, misuse of office, or neglect of duties.
- Incapacity: Inability to carry out constitutional responsibilities.
Step-by-Step Process
- Initiation:
- A motion can be introduced in either House of Parliament.
- Needs support of at least 50 MPs to be admitted.
- Judicial Inquiry:
- A committee investigates the charges and checks the evidence.
- Parliamentary Approval:
- Motion must be passed in both Houses by a two-thirds majority of members present and voting.
- Presidential Order:
- Once approved by Parliament, the President removes the CEC (no discretion left).
Removal of Other Election Commissioners
- They can only be removed on the recommendation of the CEC, which ensures institutional independence.
Historical Context
- No CEC has ever been removed since independence.
- The strict process acts as a safeguard against political pressure.
