Motion to Remove India’s CEC
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Motion to Remove India’s CEC

SYLLABUS

GS-2: Parliament and State Legislatures—Structure, Functioning, Conduct of Business; Appointment to various Constitutional Posts, Powers, Functions and Responsibilities of various Constitutional Bodies.

Context: Opposition parties belonging to the INDIA bloc are considering moving a motion for the removal of the Chief Election Commissioner (CEC) following allegations of bias in the conduct of electoral processes.

More on the News

  • The move follows controversy surrounding the Special Intensive Revision (SIR) of electoral rolls in West Bengal, which opposition parties claim led to mass disenfranchisement.
    • SIR of West Bengal’s electoral rolls, finalised on February 28, 2026, led to the deletion of about 63 lakh names (deaths, duplications, shifts) while approx. 60 lakh remain under review.
  • Allegations against the CEC include “biased conduct” and disproportionately targeting certain regions or voters.
  • The proposal has revived debate over the constitutional safeguards governing the independence and accountability of the Election Commission of India (ECI).

About the Office of the Chief Election Commissioner (CEC)

  • The Chief Election Commissioner heads the Election Commission of India, the constitutional body responsible for administering elections in India.
  • The Election Commission was established under Article 324 of the Constitution of India, which vests the superintendence, direction, and control of elections in the Commission.
  • The Commission conducts elections to the Lok Sabha, State Legislative Assemblies, and the offices of the President and Vice-President of India.
  • The Election Commission currently consists of one Chief Election Commissioner and two Election Commissioners, functioning as a multi-member body.
  • The tenure of the CEC is governed by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which specifies service conditions and tenure.
    • The CEC and other ECs hold office for a term of six years from the date on which they assume office or till they attain the age of sixty-five years, whichever is earlier.
    • The CEC and other ECs are not eligible for re-appointment.  
  • Appointment Process: The CEC and ECs are appointed by the President on the recommendation of a three-member Selection Committee.
    • The Selection Committee consists of the Prime Minister as Chairperson, the Leader of the Opposition in Lok Sabha (or leader of the single largest party in the Lok Sabha) as a member, and a Union Cabinet Minister nominated by the Prime Minister as a member.
  • The office enjoys strong constitutional protections to ensure independence from executive interference, which is essential for conducting free and fair elections in a democratic system.

Removal Process of CEC

  • The removal process of the CEC is governed primarily by Article 324(5) of the Constitution of India. It provides that the CEC can be removed only in the same manner and on the same grounds as a judge of the Supreme Court, ensuring strong protection for the independence of the election authority.
  • Legal Framework:
    • The procedure is further provided under Section 11 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which reiterates that removal of the CEC follows the same process applicable to Supreme Court judges.
    • The process is also linked to the Judges Inquiry Act, 1968, which regulates the investigation procedure.
  • Parliamentary Procedure for Removal:
    • Notice of Motion:
      • A motion for removal can be introduced in either House of Parliament.
      • It must be supported by at least 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha.
    • Admission by Presiding Officer: The Speaker of the Lok Sabha or Chairman of the Rajya Sabha decides whether to admit or reject the motion.
    • Inquiry Committee: If admitted, a three-member committee (usually including a Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist) investigates the allegations.
    • Parliamentary Voting:
      • If the committee finds proven misbehaviour or incapacity, the motion is taken up for voting.
      • It must be passed in both Houses of Parliament with a majority of the total membership, and a two-thirds majority of members present and voting.
    • Final Removal: After both Houses pass the motion, the President of India issues the final order removing the CEC.
  • Precedents: Till date, no CEC has ever been removed from his office.
    • While no CEC has been removed, there has been controversy regarding the removal of an Election Commissioner.
    • In 2009, the then CEC N. Gopalaswami recommended the removal of Election Commissioner Navin Chawla on grounds of alleged partisan conduct.
    • However, the Government of India rejected the recommendation, and the Election Commissioner continued in office and later even became the CEC.
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