Opposition may move impeachment motion against Gyanesh Kumar: Here's how CEC can be removed

The Opposition parties are likely to move an impeachment motion notice against CEC Gyanesh Kumar in both Houses of Parliament, news agency ANI reported on Thursday. The Congress has reached out to the Opposition parties, and the resolution will be submitted within the next two weeks, sources told the news agency.

Kumar is at the centre of a fresh controversy over the EC's Special Intensive Revision (SIR) of electoral rolls. The whole controversy began after The Indian Express reported that the other two Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi, had recorded objections at least 14 times over 10 months to actions involving voter additions and deletions during the SIR process. According to the report, the two commissioners said some decisions were taken without their knowledge.

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The Chief Election Commissioner (CEC) is the head of the Election Commission of India, a constitutional authority entrusted with conducting and supervising elections in the country.

The framework is primarily governed by Article 324 of the Constitution of India, along with the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Appointment of CEC

Under Article 324(2), the CEC is appointed by the President of India.

The 2023 law lays down the process through which candidates are shortlisted and recommended. A Search Committee headed by the Union Law Minister prepares a panel of eligible candidates.

The final recommendation is made by a three-member Selection Committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. The President subsequently makes the formal appointment of the CEC.

Under the 2023 Act, the CEC holds office for six years or until attaining the age of 65 years, whichever is earlier.

Can the CEC resign?

The CEC can resign before completing the term. The resignation has to be made in writing and addressed to the President of India. The resignation provision also applies to Election Commissioners.

Resignation is therefore a voluntary decision by the office-holder and is separate from the constitutional process for removal.

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Removal process of CEC

The CEC cannot be removed by the government or the President through an ordinary executive order. The Constitution gives the CEC a special removal protection under Article 324(5).

Under Article 124(4), removal is possible only for proved misbehaviour or incapacity. The process begins with a notice of motion in Parliament alleging such grounds.

For the motion to be admitted, the notice must be supported by at least 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha. The CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge.

If admitted, an inquiry is conducted into the allegations. The removal address must then be approved by both Houses of Parliament by a majority of the total membership of each House and at least two-thirds of members present and voting. Once Parliament passes the address, the President issues the order removing the CEC from office.