Removal of Chief Election Commissioner: Article 324(5) Procedure
Why in the news
Opposition parties from the INDIA bloc, with the All India Trinamool Congress in front, are said to be preparing a removal motion aimed at CEC Gyanesh Kumar.
Key facts
- Provision: Article 324(5) of the Constitution.
- Protection: security of tenure like that of a Supreme Court judge, to keep the Election Commission of India independent.
Grounds for removal
- Proved misbehaviour, for example corruption or abuse of office.
- Incapacity, meaning physical or mental inability to carry out duties.
Procedure
| Step | What happens |
|---|---|
| 1. Motion | Signed by 100+ Lok Sabha members or 50+ Rajya Sabha members; handed to the Speaker or the Chairman |
| 2. Inquiry | If admitted, a three-member committee examines the charges |
| 3. Vote | If charges are found valid, a special majority is needed |
| 4. Order | After both Houses pass it in the same session, the President issues the removal order |
Special majority: over half of total House membership plus two-thirds of those present and voting.
Exam angle
- Article: 324(5).
- Inquiry committee size: three members.
- Signatures: 100 (Lok Sabha) or 50 (Rajya Sabha).