Article 324(5)
Removal Mechanism for CEC
The Chief Election Commissioner's removal is constitutionally protected under Article 324(5), which provides that the CEC "shall not be removed from his office except in like manner and on like grounds as a judge of the Supreme Court." This requires an address to the President by each House of Parliament, supported by: (i) a majority of the total membership of the House, AND (ii) a majority of not less than two-thirds of members of the House present and voting — both conditions must be met simultaneously.
- Article 324(5): CEC removal — same standard as Supreme Court judge removal under Article 124(4)
- Grounds for removal: "proved misbehaviour or incapacity" (same as SC judges)
- Process: Address to President by both Lok Sabha and Rajya Sabha independently — each must pass with the dual-majority threshold
- 14-day notice: a notice for removing the CEC must be given with at least 14 days' advance notice (under Rules of Procedure and Conduct of Business in Lok Sabha)
- Election Commissioners (other than CEC): removable on recommendation of the CEC alone — a deliberately asymmetric protection
- Security of tenure: CEC's salary charged to Consolidated Fund of India (Article 324(6)); cannot be reduced after appointment
● Tracked since March 11, 2026 · last seen April 24, 2026 · updates as the daily brief publishes
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