Removal of the Chief Election Commissioner

• 11 Mar 2026

Source: TH 

Why in News?  

Opposition parties are considering an impeachment motion against the Chief Election Commissioner (CEC) over allegations of completely biased conduct.

How Can the Chief Election Commissioner Be Removed from Office? 

• Constitutional Safeguards and Provisions: To ensure the independence of the ECI, the Constitution provides strict security of tenure for the CEC. 
  • Article 324(5) of the Constitution: It provides that, subject to any law made by Parliament, the service conditions and tenure of Election Commissioners and Regional Commissioners are determined by the President. 
    • The CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge, and service conditions cannot be altered to his disadvantage after appointment. 
    • Other Election Commissioners or Regional Commissioners can be removed only on the recommendation of the CEC. 
  • Following that, Parliament passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which provides for the resignation and removal process. It sticks to the same process as mentioned in the Constitution. 
• Grounds for Removal: The Constitution limits the grounds for the removal of a Supreme Court Judge (and by extension, the CEC) to only two specific charges: "proved misbehaviour or incapacity." 
• Terminology Note: While widely referred to as "impeachment" in political discourse, the Constitution technically reserves the term impeachment exclusively for the President of India (Article 61).  
  • For Judges and the CEC, the formal constitutional term is removal. 

Removal Procedure 

• The removal of the CEC follows a quasi-judicial procedure similar to that for removing a Supreme Court judge, governed by the Judges Inquiry Act, 1968. 
• Initiation of the Removal Motion:  A removal motion stating the grounds for removal can be introduced in either House of Parliament. 
  • It must be signed by 100 members in the Lok Sabha or 50 members in the Rajya Sabha. 
  • The signed motion is then submitted to the Presiding Officer of the respective House (the Speaker in the Lok Sabha or the Chairman in the Rajya Sabha). 
• Admission & Investigation: The Speaker/Chairman may admit or refuse the motion.  
  • If admitted, a three-member committee (SC judge, HC Chief Justice, distinguished jurist) is formed to investigate charges. 
• Report Submission: The committee investigates, and the CEC has the right to defend themselves.  
  • If the committee concludes that the charges are not proved, the motion is dropped, and the process ends. 
  • If the committee finds the CEC guilty of misbehaviour or suffering from an incapacity, the report is submitted to the House where the motion was originally introduced. 
• Voting in Parliament: To pass, the motion must be supported by a Special Majority in both Houses of Parliament during the same session.  
  • A Special Majority means a majority of the total membership of that House, and a majority of not less than two-thirds of the members present and voting. 
• Presidential Order for Removal: If the motion successfully passes both Houses, a formal address is presented to the President of India.  
  • Finally, the President issues the official order for the removal of the Chief Election Commissioner. 

Read more: Independence of the Election Commission of India 

Frequently Asked Questions (FAQs) 

1. What constitutional provision governs the removal of the Chief Election Commissioner?
The removal of the CEC is governed byArticle 324(5) of the Constitution of India, which states that the CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge. 

2. On what grounds can the Chief Election Commissioner be removed?
The CEC can be removed only forproved misbehaviour or incapacity, the same grounds applicable to the removal of Supreme Court judges. 

3. Which law governs the investigation procedure for removal of the CEC?
The investigation procedure follows the provisions of theJudges Inquiry Act, 1968, which outlines the process for examining charges against constitutional authorities. 

4. What majority is required in Parliament to remove the Chief Election Commissioner?
The removal motion must be passed by aspecial majority in both Houses of Parliament, meaning a majority of the total membership and two-thirds of members present and voting. 

5. Who issues the final order for removing the Chief Election Commissioner?
After Parliament passes the motion, the final removal order is issued by thePresident of India. 

UPSC Civil Services Examination, Previous Year Questions (PYQs)  

Prelims  

Q. Consider the following statements: (2017)  

1. The Election Commission of India is a five-member body. 
2. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. 
3. Election Commission resolves the disputes relating to splits/mergers of recognised political parties. 

Which of the statements given above is/are correct?  

(a) 1 and 2 only  

(b) 2 only  

(c) 2 and 3 only  

(d) 3 only  

Ans: (d)

---

Mains

Q. Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct. (2022)