Removing the Chief Election Commissioner: Why the Process Is the Same as for a Supreme Court Judge
The Lok Sabha Speaker said that any new notice of a motion to remove the Chief Election Commissioner (CEC) will be decided strictly according to the rules.
The Speaker pointed out that the process for removing the CEC is the same as the process for removing a judge of the Supreme Court.
Earlier notices seeking the CEC's removal were moved in both Houses in March 2026, signed by 130 Lok Sabha members and 63 Rajya Sabha members.
On April 6, 2026, both the Lok Sabha Speaker and the Rajya Sabha Chairman refused to admit those notices. They said the allegations did "not prima facie meet the high constitutional bar for removal proceedings" (in simple words, even at first look, the charges were not serious enough to start the process).
A fresh notice signed by 73 Rajya Sabha members was submitted on April 24, 2026. The minimum needed in the Rajya Sabha is 50 signatures.
Appointment and Removal of the Chief Election Commissioner and Election Commissioners
The Election Commission of India is led by a Chief Election Commissioner and, at present, two other Election Commissioners. Article 324 of the Constitution says who appoints them and how they can be removed. The rules make the CEC very hard to remove, so that the CEC can run elections without fear of the government of the day.
The Speaker's statement rests directly on Article 324(5). Since the CEC is removable only like a Supreme Court judge, any notice must pass the same steps and the same tests as a judge's removal, beginning with the presiding officer's decision to admit or refuse it.
Judges (Inquiry) Act, 1968
The Judges (Inquiry) Act, 1968 is the law that lays down, step by step, how Parliament checks a complaint against a Supreme Court or High Court judge before voting on removal. The Constitution (Article 124(4) and (5)) only says a judge can be removed for "proved misbehaviour or incapacity" by a special vote of both Houses. This Act fills in how the charges are "proved". Because Article 324(5) links the CEC to a Supreme Court judge, the same procedure applies to the CEC.
The Speaker's remark that any fresh notice will be decided "according to rules" refers to Section 3 of this Act. The first test is not a vote but the presiding officer's own decision on whether the notice deserves an inquiry at all.
- CEC removal: Article 324(5), same manner and grounds as a Supreme Court judge (Article 124(4))
- Grounds: proved misbehaviour or incapacity
- Notice: 100 Lok Sabha MPs or 50 Rajya Sabha MPs (Judges (Inquiry) Act, 1968, Section 3)
- Inquiry committee: 3 members (SC judge, HC Chief Justice, distinguished jurist)
- Vote: special majority in each House (majority of total membership plus two-thirds present and voting)
- March 2026 notices: 130 Lok Sabha MPs and 63 Rajya Sabha MPs; refused on April 6, 2026
- Fresh Rajya Sabha notice: April 24, 2026, 73 signatures
- Election Commissioners: removable only on the CEC's recommendation