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CEC Removal Procedure: Article 324(5) and Special Majority

26 September 20261 min read
NATIONAL AFFAIRSCEC RemovalProcedure: Article324(5) and SpecialMajority26 September 2026safalsetu.com

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.
StepWhat happens
Notice100 Lok Sabha or 50 Rajya Sabha members
InquirySupreme Court Judge, High Court Chief Justice, eminent jurist; Judges (Inquiry) Act, 1968
ParliamentBoth Houses pass by special majority
PresidentIssues 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).

Test yourself

1. Which constitutional provision governs removal of the Chief Election Commissioner?

Article 324(5) says the CEC is removed like a Supreme Court Judge.

2. How many Lok Sabha MPs are needed to sign a removal notice against the CEC?

A notice needs at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.

3. Other Election Commissioners can be removed by the President only on whose recommendation?

ECs are removable only on the CEC's recommendation.