Context:
A possible impeachment motion is being considered against Chief Election Commissioner (CEC) Gyanesh Kumar by the Opposition.

Constitutional Position

• CEC is a constitutional authority under Article 324 of the Indian Constitution.
• Tasked with conducting free and fair elections to Parliament, State Legislatures, and the offices of the President and Vice President.

Removal Mechanism

• Mode of Removal:
  Same as that of a Supreme Court judge – to ensure independence and non-partisanship.

Grounds for Removal

1. Proven Misbehaviour
   • Includes corruption, abuse of power, or violation of constitutional duties
2. Incapacity
   • Physical or mental inability to perform official functions

Procedure

1. Initiation of Motion:
   • Introduced in either House of Parliament
   • Must have the support of at least 50 MPs
2. Judicial Inquiry:
   • A committee investigates the charges
3. Parliamentary Approval:
   • Requires two-thirds majority in both Houses (present and voting)
4. Presidential Action:
   • Mandatory removal once Parliament passes the motion
   • President has no discretion

Removal of Other Election Commissioners

• Can only be removed on the recommendation of the CEC, reinforcing internal checks within the institution.

Historical Context

• No CEC has ever been removed since the Election Commission’s inception in 1950.
• The high constitutional threshold ensures that the post remains shielded from political interference.

 Prelims Pointers :

• Article 324: Establishes the Election Commission of India
• CEC Removal = Same as SC Judge
• Requires: 50 MPs → Inquiry → 2/3 majority → Presidential assent
• Other ECs: Removal only on CEC’s recommendation