Opposition parties under the INDIA bloc have filed notices in both Houses of Parliament seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar. The trigger: allegations of irregularities in the Special Intensive Revision of electoral rolls in West Bengal mass exclusion of voters and alleged bias toward the ruling BJP.
It’s the first time in independent India’s history that anyone has tried to impeach a sitting CEC. So can it actually happen? Yes. But it’s not a straightforward process.
What the Constitution Says
Article 324(5) of the Constitution says the CEC can only be removed on the same grounds and through the same process as a Supreme Court judge. Service conditions also cannot be changed to the CEC’s disadvantage after appointment.
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 narrows this further. Removal is only possible on two grounds: proved misbehaviour corruption, abuse of power or incapacity from physical or mental inability.
How the Process Actually Works
The removal process runs through Article 124(4) and the Judges (Inquiry) Act, 1968. It was designed to be hard.
A motion must first be signed by at least 100 Lok Sabha members or 50 Rajya Sabha members and submitted to the Speaker or Chairman. The presiding officer reviews it and decides whether it clears the threshold to proceed. If it does, a three-member inquiry committee is formed a sitting Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist. They examine evidence and decide whether proved misbehaviour or incapacity exists.
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If the committee finds it does, the motion goes to both Houses, where it must pass in the same session with a special majority: more than half of total membership, and at least two-thirds of members present and voting. Once both Houses clear it, an address goes to the President, who issues the removal order.
The whole thing can take several months. It’s legal scrutiny, not political theatre considerably more demanding than a no-confidence motion or parliamentary censure.
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