Polity & Governance GS 2 In the news 3 times

Removal Procedure

Judges (Inquiry) Act, 1968 and Parliamentary Majority

The removal of the CEC follows the same procedure as the removal of a Supreme Court judge under Article 124(4) of the Constitution, read with the Judges (Inquiry) Act, 1968. The grounds are restricted to two: (a) proved misbehaviour, and (b) incapacity.

Key details

Step 1 — Notice: A motion signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs is submitted to the Speaker or Chairman respectively.
Step 2 — Admission: The Speaker/Chairman decides whether to admit the motion; if admitted, a three-member investigation committee is constituted.
Step 3 — Committee: Composed of (i) a Supreme Court judge (or the Chief Justice of India), (ii) a Chief Justice of a High Court, and (iii) a distinguished jurist nominated by the Speaker/Chairman. Where notices are given in both Houses simultaneously, the committee is constituted jointly.
Step 4 — Investigation: The committee examines evidence, allows the accused an opportunity to be heard, and submits its report.
Step 5 — Parliament: If the committee finds proved misbehaviour or incapacity, each House passes the motion by a special majority — a majority of the total membership of each House AND two-thirds of members present and voting.
Step 6 — Presidential Order: An address is presented to the President, who issues the removal order.
The requirement for a special majority (not a simple majority) in both Houses means the ruling coalition, if in majority, can effectively block any removal motion from succeeding even if it is admitted.

In the news

● Tracked since March 12, 2026 · last seen April 24, 2026 · updates as the daily brief publishes

24 Apr '26

Opposition files fresh Rajya Sabha notice to remove CEC

Polity & Governance

15 Mar '26

Opposition seeks motion to remove CEC, Gyanesh Kumar stays silent

Polity & Governance

12 Mar '26

193 opposition MPs sign notice seeking motion for CEC Gyanesh Kumar's removal

Polity & Governance

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