Why in news?
Opposition parties in August 2025 discussed moving an impeachment motion against the Chief Election Commissioner (CEC) Gyanesh Kumar. The debate highlighted how the Constitution safeguards the independence of India’s Election Commission by making the removal of the CEC extremely difficult.
What is the CEC?
The Chief Election Commissioner heads the Election Commission of India, a constitutional body established under Article 324 to conduct free and fair elections. To protect its neutrality, the CEC enjoys security of tenure similar to that of a judge of the Supreme Court.
How can the CEC be removed?
Removal is allowed only on proven grounds of misbehaviour or incapacity:
- Initiation: A motion alleging corruption, abuse of office or failure to discharge duties must be introduced in either house of Parliament and supported by at least 50 members.
- Inquiry: A judicial committee examines the evidence and determines whether the charges are valid.
- Parliamentary vote: Both the Lok Sabha and the Rajya Sabha must approve the removal by a two‑thirds majority of those present and voting.
- Presidential order: Once Parliament passes the motion, the President issues an order removing the CEC. There is no scope for executive discretion.
The other election commissioners can only be removed on the recommendation of the CEC, which further strengthens institutional independence. Since independence no Chief Election Commissioner has ever been impeached, demonstrating the high bar for removal.