Understanding process for removal of Chief Election Commissioner

• Opposition parties demanded the impeachment of Chief Election Commissioner (CEC) Gyanesh Kumar.

• A major row erupted after a news report highlighted differences in the Election Commission with two Election Commissioners repeatedly dissenting over the Special Intensive Revision (SIR) of electoral rolls.

What was the row about?

• A news report said that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi formally objected at least 14 times over the past 10 months to decisions and orders of the Election Commission, including on addition, deletion and restoration of voters and changes to the voter registration process during the SIR of electoral rolls.

• The Opposition parties, which have been critical of the EC over the Special Intensive Revision (SIR) of electoral rolls, latched onto the issue to demand immediate impeachment proceedings against CEC Kumar in Parliament.

How the Election Commission responded?

• The Election Commission responded that differing views and observations are a normal part of deliberation in any institution. They are a part of the decision-making process before a final decision is taken. 

• Not only the three Commissioners, but every officer of the Commission is fully authorised to give his suggestions to the Commission for improving the electoral system. 

• Written notes, observations, technical suggestions and internal checks-and-balances are standard, ongoing practices designed to ensure complete transparency, legal compliance and operational rigour.

• All official orders, decisions and administrative directions issued by the EC carry full legal sanctions and follow established statutory procedures under The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Process for removing Chief Election Commissioner

• The Election Commission is a constitutional body that functions under the mandate of Article 324 of the Constitution, statutory rules and established institutional conventions.

• The process for removing the Chief Election Commissioner is similar to that for the removal of a Supreme Court or a High Court judge, meaning an impeachment can be effected only on the ground of “proven misbehaviour or incapacity”.

• Article 324(5) of the Constitution says the Chief Election Commissioner shall not be removed from office except in like manner and on like grounds as a judge of the Supreme Court, and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment.

• The motion for removal may be introduced in either House of Parliament and must be passed by a special majority — a majority of the total membership of the House and a two-thirds majority of the members present and voting.