Removal of the CEC
Constitutional and Statutory Framework
Article 324(5) provides that the CEC shall not be removed from office except in like manner and on like grounds as a Judge of the Supreme Court — i.e., through a process of address by both Houses of Parliament to the President, on grounds of proven misbehaviour or incapacity. This procedure is detailed in the Judges (Inquiry) Act, 1968 (applicable by analogy): a motion must be admitted by the presiding officer, a three-member inquiry committee investigates, and the committee's report forms the basis for the Houses' address to the President. Other Election Commissioners (not the CEC) have no such constitutional protection — they can be removed on the recommendation of the CEC.
- Article 324(5): CEC removable only like a Supreme Court judge — address by both Houses + Presidential action
- Judges (Inquiry) Act, 1968 (applicable by analogy): motion signed by 100+ MPs in Lok Sabha or 50+ in Rajya Sabha; presiding officer to admit or reject; inquiry committee of three (comprising SC/HC judges and a distinguished jurist)
- Grounds: proven misbehaviour or incapacity only
- 2023 Act, Section 9: specifies that an EC (other than CEC) can be removed by the President on the recommendation of the CEC
- Key asymmetry: CEC enjoys SC-judge-equivalent constitutional protection; other ECs do not
- Presiding officers (Speaker, RS Chairman) have unreviewable discretion to admit or reject a removal motion — this discretion is at the heart of the controversy
● Tracked since March 09, 2026 · last seen April 18, 2026 · updates as the daily brief publishes