Context
- Recently, opposition parties submitted a Rajya Sabha notice signed by 63 MPs seeking the removal of CEC, invoking Article 324(5) and related removal procedures.
Core Constitutional & Statutory Framework (Article 324)
- Constitutional Basis: The Election Commission of India (ECI) functions under Article 324 of the Constitution.
- Security of Tenure: Article 324(5) states that the CEC cannot be removed from office except in like manner and on the like grounds as a Judge of the Supreme Court.
- Statutory Reinforcement: The provisions regarding removal are also aligned with the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Grounds & Procedure for Removal of CEC
- Grounds: Only proved misbehaviour or incapacity under Article 324(5).
- Initiation: Motion can begin in either House with 100 Lok Sabha or 50 Rajya Sabha MPs’ signatures.
- Inquiry: A 3-member committee investigates charges under the Judges (Inquiry) Act, 1968.
- Parliamentary Approval: Requires Special Majority in both Houses.
- Final Removal: Parliament’s address is submitted to the President, who issues the removal order.
- Till now no Chief Election Commissioner has ever been impeached or removed through Parliament.
CEC vs. Other Election Commissioners
| Feature | Chief Election Commissioner (CEC) | Other Election Commissioners (ECs) |
| Removal Method | Removed like a Supreme Court Judge (Special majority + Inquiry) | Can only be removed upon the recommendation of the CEC. |
| Constitutional Protection | Highest level of security of tenure to insulate the office from executive interference. | Protected against direct executive removal; dependent on the CEC’s recommendation. |
About CEC
- Under the Chief Election Commissioner and other Election Commissioners Act, 2023, the CEC and other ECs are appointed by the President based on the recommendation of a 3-member committee comprising:
- Prime Minister (Chairperson)
- Leader of the Opposition (LoP) in the Lok Sabha
- A Union Cabinet Minister nominated by the Prime Minister
- Nature of the ECI: It is a multi-member body (one CEC and two Election Commissioners). The CEC functions as “first among equals”.
- Section 16, 2023 Act: Election Commissioners are protected from civil and criminal proceedings for official acts when acting collectively as a multi-member body.
| Important CTC from this article for UPSC: Article 324 Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 Chief Election Commissioner |
Q. With reference to the removal of the Chief Election Commissioner of India, consider the following statements:
1. The Chief Election Commissioner can be removed only in the same manner and on the same grounds as a Judge of the Supreme Court.
2. Article 324(5) provides identical removal protection to all Election Commissioners.
3. The removal procedure involves parliamentary action and is linked to Article 124(4).
Which of the statements given above is/are correct?
A. 1 and 3 only
B. 2 only
C. 1 and 2 only
D. 1, 2 and 3
Answer: A. 1 and 3 only
• Statement 1 is correct: Article 324(5) gives the CEC removal protection equivalent to that of a Supreme Court Judge.
• Statement 2 is incorrect: The Constitution does not provide identical removal protection to the other Election Commissioners.
• Statement 3 is correct: The removal framework refers to Article 124(4) and the parliamentary process applicable to removal of a Supreme Court Judge.