Removing the Chief Election Commissioner: What the Constitution and the 2023 Law Say
Opposition MPs are preparing a fresh notice in Parliament for a motion to remove Chief Election Commissioner (CEC) Gyanesh Kumar. This follows a report that the two other Election Commissioners had recorded written objections to several decisions on electoral rolls.
An earlier set of removal notices, given in March 2026 in both Houses, was not admitted. The Lok Sabha Speaker and the Rajya Sabha Chairman refused to admit them in April 2026.
The debate has brought the legal process back into focus. Under Article 324(5) of the Constitution, a CEC can be removed only in the same way, and on the same grounds, as a judge of the Supreme Court.
This means a notice signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs, an inquiry by a three-member committee, and a special majority vote in both Houses. No CEC has ever been removed in India.
The discussion also covers how CECs and Election Commissioners (ECs) are appointed. This includes the Supreme Court's 2023 Anoop Baranwal judgment and the appointment law Parliament passed in December 2023.
Appointment and Removal of the Chief Election Commissioner and Election Commissioners
The Election Commission of India (ECI) runs elections to Parliament, state assemblies and the offices of President and Vice-President. It is led by a Chief Election Commissioner (CEC) and, at present, two other Election Commissioners (ECs). The Constitution, in Article 324, says who appoints them and how hard it is to remove them. A law passed by Parliament in 2023 fills in the details of how they are selected, how long they serve and what they are paid.
The planned motion against the CEC has to follow the judge-style process under Article 324(5): 100 Lok Sabha or 50 Rajya Sabha signatures, admission by the presiding officer, a committee inquiry and a special majority in both Houses. The earlier notices ended at the admission stage. The debate also revisits whether the 2023 Act's selection panel and the weaker protection for ECs keep the Commission fully independent.
Judges (Inquiry) Act, 1968
The Judges (Inquiry) Act, 1968 is the law that sets out, step by step, how Parliament investigates a complaint against a judge of the Supreme Court or a High Court, and how a removal motion moves forward. The Constitution only says a judge can be removed for "proved misbehaviour or incapacity" by a special vote of Parliament. This Act adds the detailed procedure: who can start the process, who investigates, and what happens after the investigation. The same procedure also applies to the Chief Election Commissioner and other constitutional officers whose removal is linked to that of a judge.
Any motion to remove the CEC must follow this Act, because Article 324(5) links the CEC's removal to that of a Supreme Court judge. The earlier notices against the CEC were refused at the admission stage (step 2), so no inquiry committee was ever formed.
- Article 324(5): CEC removed only like a Supreme Court judge; ECs only on the CEC's recommendation
- Removal notice: at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs
- Earlier notices against the CEC were given in March 2026 and not admitted in April 2026
- Anoop Baranwal v. Union of India: 2 March 2023; panel of PM, Leader of Opposition, CJI (interim)
- CEC and Other ECs Act, 2023: Selection Committee of PM, Leader of Opposition, Union Cabinet Minister
- Term: 6 years or 65 years of age, whichever is earlier
- Gyanesh Kumar: CEC since February 2025
- No CEC has ever been removed from office in India