Why in news?

The Opposition will soon move a motion in both Houses of Parliament to remove Chief Election Commissioner (CEC) Gyanesh Kumar.

This follows an Indian Express investigation revealing internal criticisms raised by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi against the ECI's decisions and processes over recent months.

What’s in Today’s Article?

• Structure of the Election Commission
• How Election Commissioners Are Appointed?
• How a CEC Can Be Removed?
• The Step-by-Step Removal Process
• Has a CEC Ever Been Removed?
• What's New Now?

Structure of the Election Commission

• The ECI has three Election Commissioners, including the CEC.
  • The CEC is "first among equals" — not necessarily the seniormost member.
  • Decisions are to be taken unanimously by all three, as far as possible.
• This structural detail matters because internal dissent from two Commissioners against the CEC's decisions is itself unusual and significant.

How Election Commissioners Are Appointed?

• The ECI is entrusted with conducting free and fair elections in India. Appointment is governed by Article 324 of the Constitution and the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
  • The President appoints the CEC and Election Commissioners on the recommendation of a three-member selection committee: the Prime Minister, the Leader of Opposition (LoP), and one Union Cabinet Minister.
  • Appointees must have previously held secretary-level positions in government and be "persons of integrity" with knowledge and experience in election management.
  • Tenure: Six years, or until age 65, whichever comes first.
  • The CEC enjoys the same service conditions and monetary benefits as a Supreme Court judge.

How a CEC Can Be Removed?

• The removal bar is deliberately set very high, to shield the ECI from political pressure.
• Constitutional Basis - Article 324(5) states the CEC can be removed only "in like manner and on the like grounds as a Judge of the Supreme Court."
  • This is echoed in Section 11(2) of the 2023 Act.
  • Notably, any other Election Commissioner can be removed only on the CEC's own recommendation — a different, lower threshold.
• Grounds For Removal - Borrowing from Article 124(4) (the process for removing a Supreme Court judge), removal requires "proved misbehaviour or incapacity."
  • Misbehaviour can include corrupt practices or abuse of office.
  • Courts have interpreted this to also cover actions incompatible with the CEC's office, or failure to discharge official duties.
  • Incapacity refers to an inability to perform duties.

The Step-by-Step Removal Process

• Notice of Motion - Members of Parliament must bring a notice of motion explicitly alleging misbehaviour or incapacity.
• Admission Threshold - The motion needs signatures from at least 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha to be admitted.
• Presiding Officer's Discretion - The Speaker/Chairman can consult people and materials before deciding whether to admit or reject the motion.
• Inquiry - If admitted, a committee is formed to investigate the evidence of misbehaviour or incapacity.
• Parliamentary Vote - The motion must be passed by a two-thirds majority "present and voting" in both Houses.
• Presidential Order - Once passed, the President orders the removal. At this final stage, the President has no discretion — the President acts strictly on Parliament's advice.

Has a CEC Ever Been Removed?

• No Chief Election Commissioner has ever been impeached in India.
• A recent attempt failed at the first hurdle. In March 2026, the Opposition in submitting impeachment motions in both Houses — 130 MPs signed in the Lok Sabha, 63 in the Rajya Sabha.
• These motions cited the ECI's ongoing Special Intensive Revision (SIR) of electoral rolls, alleging "partisan and discriminatory conduct" by the CEC and "obstruction of investigation into electoral fraud and SIR."
• In April 2026, both the Rajya Sabha Chairman and Lok Sabha Speaker rejected these impeachment motions, without assigning any reason — a decision the Opposition criticised.

What's New Now?

• The fresh push follows the Indian Express investigation's revelation that the two other Election Commissioners themselves raised internal concerns about SIR-related processes.
• This development gives the Opposition's renewed demand for removal additional weight, since the criticism now comes from within the Commission itself, not only from political rivals.

Conclusion

The removal bar for a CEC is constitutionally identical to that for a Supreme Court judge — by design, nearly impossible to clear. That very difficulty is meant to protect the ECI's independence from political vendettas.

But when internal dissent from sitting Commissioners joins the Opposition's criticism, the question shifts from procedure to substance: is this safeguard protecting independence, or shielding unaccountability?