Chief Election Commissioner Removal: Rules and Parliament Process

As per the latest update, the Opposition party is gearing up to file a new motion for the removal of Chief Election Commissioner (CEC) Gyanesh Kumar in both the Houses of Parliament. The new motion comes following an investigation carried out by the said newspaper according to which the Election Commissioners of India, namely Sukhbir Singh Sandhu and Vivek Joshi, have noted their objections to various decisions and processes taken by the Election Commission, especially in respect of the Special Intensive Revision (SIR) of electoral rolls.

This new motion is a political move; whether it is accepted or not, all depends on the parliamentary procedures and the legal stipulations.

Election Commission: Three-Member Body under the Constitution

Constitutional Status: The Election Commission of India (ECI) derives its constitutional status under Article 324 of the Constitution.

Composition of the Commission,

• One Chief Election Commissioner
• Two Election Commissioners

The CEC serves as the Chairman of the Commission and is referred to as “first among equals”. As per Section 18 of the 2023 Act, business of the Commission has to be transacted unanimously to the maximum extent possible. In case the Commissioners differ in their opinions, decision is taken on the basis of majority.

Hence, there is no statutory veto power of the CEC over the other two Election Commissioners.

Appointment Process of CEC and Election Commissioners

The process is regulated through Article 324 and the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

According to the 2023 Act, the President nominates the CEC and Election Commissioners on the basis of recommendations of the Selection Committee of three members,

Selection Committee Member

• Prime Minister Chairperson
• Leader of Opposition in Lok Sabha Member
• Union Cabinet Minister nominated by PM Member

The Search Committee, chaired by the Law Minister, consisting of two other government officials at the level of Secretary, suggests a list of five persons before the Selection Committee. The Selection Committee may also choose any other person.

Qualifications and Tenure

The 2023 Act requires the appointee to be a Secretary to the Government of India and to be a man of integrity having knowledge and experience in conducting elections.

The tenure is of six years or until turning 65 years old, whichever is earlier, not being eligible for reappointment.

How can a Chief Election Commissioner be removed?

The removal clause for the CEC is provided for in Article 324(5) of the Constitution.

This says that the CEC “shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court.” This is echoed in Section 11(2) of the 2023 Act.

The grounds will thus be those for removal of a judge of the Supreme Court under Article 124(4) – proved misbehaviour or incapacity.

This procedure is entirely different where the other Election Commissioners are concerned.

Steps Involved in Removing a CEC

The process of removal on constitutional grounds consists of the following steps.

1. Notice of Motion

• Parliamentarians start the process by presenting a notice citing grounds like proved misbehaviour and incapacity.

2. Required Number of Signatures

A removal motion should be supported by not less than,

• 100 members of Lok Sabha, or
• 50 members of Rajya Sabha

so that the notice fulfills the requirement for its admission.

3. Admission of the Motion

• The presiding officer of the relevant House decides if the motion can be admitted.

4. Inquiry

• Once admitted, a process of inquiry is established in order to look into the case and examine evidence.

5. Parliamentary Approval

• In order to remove, the motion needs to be passed by a majority of the entire membership of the House and by a majority of not less than two-thirds of members present and voting, which applies to removal of Supreme Court judge.
• The process has to be completed in both Houses of Parliament.

6. Order of Removal by the President

• Once both Houses pass the address in accordance with the constitutional requirement, the President orders removal.

Previous Attempt for Removal in 2026

This is not the first attempt this year to invoke the process of removal of Gyanesh Kumar.

Notices for removal were issued in both the Houses on March 12, 2026. As per media reports, the notices contained signatures of 130 Lok Sabha MPs and 63 Rajya Sabha MPs. These complaints were related, among others, to the SIR process conducted by the ECI.

Subsequently, the notices were rejected by the Speaker of the Lok Sabha and Chairman of Rajya Sabha in April. According to one report on the Rajya Sabha decision, the previous notice did not establish the prima facie case for the required ground of misbehaviour in the Constitution.

Has Any CEC Ever Been Removed?

None of the Chief Election Commissioners has been removed using this constitutional process. This is therefore a proposed motion in the Parliament, rather than removal of the officer.

The constitutionally guaranteed protection uses the same grounds as used in the removal of Supreme Court judges.