Why in news?

The Opposition is preparing to move a motion to impeach Chief Election Commissioner (CEC) Gyanesh Kumar, alleging biased conduct.

The removal process will follow the same procedure as that for removing a Supreme Court judge, as provided under the law.

What’s in Today’s Article?

• Opposition’s Allegations Against the CEC
• Process for Removal of the Chief Election Commissioner (CEC)

Opposition’s Allegations Against the CEC

• The Opposition is drafting an impeachment motion against Chief Election Commissioner Gyanesh Kumar and is gathering the required signatures from MPs.
• The primary allegation is “biased conduct”, with the EC accused of targeting West Bengal during the Special Intensive Revision of electoral rolls, including the deployment of micro-observers in the state.

Process for Removal of the Chief Election Commissioner (CEC)

• The removal of the CEC is governed by Article 324(5) of the Constitution.
• It states that the CEC can be removed only in the same manner and on the same grounds as a judge of the Supreme Court.
• The Article also provides that Election Commissioners can be removed only on the recommendation of the Chief Election Commissioner.
• The removal process is subject to laws enacted by Parliament.
• Legal Framework
  • Parliament enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
  • Section 11 of this Act deals with the resignation and removal process.
  • It reiterates the constitutional provision that the CEC can only be removed in the same manner as a Supreme Court judge.
• Grounds for Removal
  • The grounds for removal are the same as those applicable to Supreme Court judges under Article 124(4):
    • Proved misbehaviour, or
    • Incapacity
• Parliamentary Procedure for Removal
• The removal process follows the procedure laid down in the Judges (Inquiry) Act, 1968.
• Initiation of Motion - A motion for removal must be signed by: At least 100 members of the Lok Sabha, or At least 50 members of the Rajya Sabha.
• Admission of Motion - The Speaker of the Lok Sabha or the Chairman of the Rajya Sabha may admit or reject the motion.
• Inquiry by Investigation Committee
  • If the motion is admitted, a three-member inquiry committee is constituted to investigate the charges.
  • The committee must include:
    • One Supreme Court judge
    • One Chief Justice of a High Court
    • One distinguished jurist
  • The committee investigates the allegations and submits a report to the Speaker or Chairman.
• Parliamentary Voting
  • If the committee finds the charges proved, the motion is taken up for voting in Parliament.
  • To succeed, the motion must be passed by:
    • A majority of the total membership of each House, and
    • A two-thirds majority of members present and voting.
    • Both Houses must pass the motion in the same session.
• Final Order by the President
  • Once both Houses pass the motion, an address is sent to the President, who then issues an order removing the Chief Election Commissioner from office.