Why in News?
Reports indicate that 193 Members of Parliament have signed notices seeking the Removal of the Chief Election Commissioner (CEC), which may be submitted in Parliament.
Description:
Key Constitutional Provision:
| Provision | Details |
| Article 324(5) | Provides security of tenure to the Chief Election Commissioner (CEC) and Election Commissioners. |
| Removal of CEC | Same manner and grounds as a Judge of the Supreme Court. |
| Grounds | Proved misbehaviour or incapacity. |
| Authority | Removal requires Parliamentary approval and Presidential order. |
Procedure for Removal of the CEC:
The Constitution provides strong protection to ensure the independence of the Election Commission.
- Initiation: A removal motion may be introduced in either House of Parliament.
- Notice Requirement: Must be supported by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- Admission: The Speaker (Lok Sabha) or Chairman (Rajya Sabha) may admit or reject the motion.
- Inquiry: If admitted, a Judges Inquiry Committee (Supreme Court judge, High Court Chief Justice, and a distinguished jurist) investigates the charges.
- Parliamentary Approval: If charges are proven, the motion must be passed in both Houses by special majority (majority of total membership + two-thirds of members present and voting).
- Final Removal: The President of India issues the removal order after parliamentary approval.
CEC vs Election Commissioners:
| Position | Removal Authority |
| Chief Election Commissioner | Same process as removal of a Supreme Court judge by Parliament |
| Election Commissioners | President removes on recommendation of the CEC |
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