Polity & Governance GS 2 In the news 3 times

Removal Procedure

Article 324(5): Same as a Supreme Court Judge

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." This is a very high constitutional bar.

Key details

Constitutional basis for SC Judge removal: Article 124(4) — a judge may be removed by the President upon an address by both Houses of Parliament in the same session, supported by:
(i) A majority of total membership of each House (absolute majority), and
(ii) Not less than two-thirds of the members present and voting in each House (special majority).
The grounds for removal are: proved misbehaviour or incapacity only.
The Judges (Inquiry) Act, 1968 governs the procedural steps: a notice must be signed by at least 100 Lok Sabha members (or 50 Rajya Sabha members), a three-member inquiry committee (comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist) investigates the charges, and their finding is reported to Parliament.
The same procedural protections apply to the CEC by virtue of Article 324(5)'s cross-reference.