Key Facts & Data Points

  • Constitutional provision: Article 324(5) – CEC removal on the same grounds and in the same manner as a Supreme Court judge.
  • Grounds for removal: Proven misbehaviour or incapacity.
  • Statutory framework: Judges Inquiry Act, 1968 and the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
  • Parliamentary requisites: Motion signed by 100 Lok Sabha members or 50 Rajya Sabha members.
  • Inquiry Committee: 3 members – a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist.
  • Voting requirement: Special Majority in both Houses – majority of total membership and at least two‑thirds of members present and voting.
  • Final authority: President of India issues the removal order.

Background & Context

The Election Commission of India (ECI) is a constitutional body tasked with administering free and fair elections. To safeguard its independence, the Constitution enshrines stringent security of tenure for the Chief Election Commissioner (CEC) and other Election Commissioners. While political discourse often uses the term impeachment, the Constitution reserves impeachment for the President (Article 61). For the CEC, the correct term is removal.

Significance for India / Governance / Policy

  • Upholds democratic integrity: A robust removal process deters arbitrary dismissals, preserving the ECI’s autonomy.
  • Checks and balances: Involves the legislature, judiciary, and the President, reflecting the separation of powers.
  • Political accountability: Enables Parliament to act against a CEC only on serious, proven misconduct, preventing misuse of the process for partisan gains.

Constitutional & Legal Provisions

  • Article 324(5), Constitution of India – outlines service conditions and removal procedure.
  • Judges Inquiry Act, 1968 – provides the quasi‑judicial inquiry mechanism.
  • Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 – operationalizes the constitutional provisions.

Removal Procedure (Step‑wise)

  1. Initiation: A motion stating grounds for removal is introduced in either House, signed by the requisite number of members.
  2. Admission: Speaker (Lok Sabha) or Chairman (Rajya Sabha) admits the motion.
  3. Committee Formation: A three‑member committee investigates the charges.
  4. Investigation & Report: The CEC can defend himself; the committee submits its findings.
  5. Parliamentary Vote: Special majority in both Houses must approve the motion.
  6. Presidential Order: Upon successful passage, the President issues the removal order.

Frequently Asked Questions (FAQs)

  1. What constitutional article governs CEC removal? – Article 324(5).
  2. What are the grounds for removal? – Proven misbehaviour or incapacity.
  3. Which law details the inquiry process? – Judges Inquiry Act, 1968.
  4. What majority is needed in Parliament? – Special majority (majority of total membership and at least two‑thirds of those present and voting).
  5. Who issues the final removal order? – The President of India.

Previous Year Questions (PYQs)

  • Prelims 2017: The Election Commission of India is a five‑member body… (Correct answer: option d – only statement 3 is correct).
  • Mains 2022: Discuss the role of the Election Commission of India in the light of the evolution of the Model Code of Conduct.

References