Chief Election Commissioner (CEC) Removal

Opposition parties in India are considering an impeachment motion against the Chief Election Commissioner (CEC), Gyanesh Kumar, following a series of public confrontations over allegations of “vote theft” and electoral roll irregularities.

Constitutional and Legal Framework for Removal

The removal of the CEC is an extremely difficult and rarely pursued process, outlined in both the Constitution and the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

• Grounds for Removal: A CEC can be removed from office on the same grounds as a Supreme Court judge—namely, “proved misbehaviour” or “incapacity.” The Constitution does not explicitly define these terms, but legal precedent has interpreted them to include actions like wilful misconduct, corruption, or physical or mental inability to perform duties.
• Parliamentary Process: The process requires a motion to be initiated in either the Lok Sabha (by at least 100 MPs) or the Rajya Sabha (by at least 50 MPs). If the motion is admitted by the Speaker or Chairman, a three-member committee is formed to investigate the charges. If the committee finds the CEC guilty, the motion must then be passed by a special majority in both houses of Parliament—a majority of the total membership and a two-thirds majority of members present and voting.
• Immunity: Clause 16 of the 2023 Act grants legal immunity to the CEC and other Election Commissioners (ECs) for any official decisions made while in office. This clause states that no court shall entertain civil or criminal proceedings against them for actions taken in the discharge of their official duties.