Chief Election Commissioner Gyanesh Kumar
Several political parties are demanding the removal of Chief Election Commissioner (CEC) Gyanesh Kumar; however, it is not an easy task due to the protection provided in the Constitution.
Article 324(5) of the Constitution states that the CEC cannot be removed from office except in the same manner and on the same grounds as a Judge of the Supreme Court. This means that a lengthy parliamentary process must be followed to remove the CEC.
1. Removal can be sought only on specific grounds
The constitutional grounds are proved to be misbehaviour or incapacity.
A demand or political disagreement by itself does not remove the CEC. The alleged misbehaviour or incapacity has to go through the prescribed inquiry and parliamentary process. Article 124(4), which applies to the CEC through Article 324(5), sets out these grounds for removal.
2. MPs have to initiate the removal motion
The process begins with a notice of a motion seeking removal.
If the notice is given in the Lok Sabha, it must be signed by at least 100 members of the House. If the notice is given in the Rajya Sabha, it must be signed by at least 50 members.
The notice is submitted to the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha.
3. Speaker or Rajya Sabha Chairman decides whether to admit it
The Speaker or Chairman considers the notice and the available material. They can either admit the motion or refuse to admit it.
If the motion is admitted, it remains pending while an inquiry is conducted.
4. A three-member inquiry committee is formed
After the motion is admitted, a three-member committee is constituted to investigate the allegations.
The committee consists of:
The committee examines whether the allegations amount to proved misbehaviour or incapacity.
5. The CEC gets an opportunity to defend himself
The committee frames specific charges and communicates them to the concerned person. The person is given a reasonable opportunity to submit a written defence.
6. The inquiry committee submits its report
After completing the investigation, the committee submits its report to the Speaker or Chairman.
If the committee finds that the charges of misbehaviour or incapacity are not proved, the removal motion cannot proceed further.
If the misbehaviour or incapacity is proved, the removal motion and the report are taken up for consideration by Parliament.
7. Both Houses of Parliament must approve the motion
The removal motion must be adopted by both the Lok Sabha and the Rajya Sabha.
In each House, it must receive:
Both conditions have to be satisfied.
8. The addresses are presented to the President
If both Houses approve the motion with the required special majority, an address seeking removal is presented to the President by each House.
9. The President issues the removal order
The final constitutional step is an order of the President removing the CEC from office.
Article 124(4) provides that a Supreme Court judge is removed by an order of the President after the required address from both Houses of Parliament. Because Article 324(5) gives the CEC the same removal protection as a Supreme Court judge, this mechanism applies to the CEC.
The Constitution does not allow the CEC to be removed through an ordinary executive decision. Instead, the CEC has protection similar to that given to a Supreme Court judge.
The process requires an inquiry, a finding on misbehaviour or incapacity, and approval by both Houses of Parliament with a special majority before the President can issue the removal order.
Therefore, a demand for the removal of the CEC and the actual constitutional removal of the CEC are two different things. A protest or political demand does not itself remove the CEC.
This post was last modified on October 5, 2026 11:55 am