CEC Removal Procedure: Article 324(5) and Special Majority
Why in the news
Opposition parties said they would file motion notices in both Houses to remove CEC Gyanesh Kumar, putting the removal route in focus.
Key facts
- Article 324(5): CEC removable like a Supreme Court Judge, on proved misbehaviour or incapacity alone.
- Other ECs: removed by the President only on the CEC’s recommendation.
- Tenure: six years or age 65, whichever earlier; no reappointment.
| Step | What happens |
|---|---|
| Notice | 100 Lok Sabha or 50 Rajya Sabha members |
| Inquiry | Supreme Court Judge, High Court Chief Justice, eminent jurist; Judges (Inquiry) Act, 1968 |
| Parliament | Both Houses pass by special majority |
| President | Issues the removal order |
Special majority
- Over half of total membership, plus two-thirds of those present and voting (Article 124(4)).
Context and concerns
- No CEC has been removed so far; Justice V. Ramaswami (1993) was the closest judge case, failing for lack of Lok Sabha numbers.
- Critics fault the weaker shield for ECs; Anoop Baranwal (2023) noted it.
Exam angle
- Provision: Article 324(5); judge grounds: Article 124(4).
- Case: Anoop Baranwal (2023).