Constitutional Safeguards and Institutional Autonomy: The Motion to Remove the Chief Election Commissioner

In a significant constitutional development, 73 members of the Rajya Sabha representing 11 opposition parties have submitted a fresh notice seeking a motion for the removal of Chief Election Commissioner (CEC) Gyanesh Kumar. The notice lists nine specific charges, primarily revolving around the perceived erosion of the Election Commission of India’s (ECI) independence and its functioning during recent electoral cycles. This move brings into sharp focus the stringent constitutional safeguards provided to the CEC and the political friction surrounding the appointment process. Under Article 324(5) of the Indian Constitution, the Chief Election Commissioner is provided with security of tenure to ensure the conduct of free and fair elections. The CEC cannot be removed from office except in a manner and on grounds similar to a Judge of the Supreme Court. This requires a motion to be passed by each House of Parliament, supported by a special majority (a majority of the total membership of that House and a majority of not less than two-thirds of the members present and voting) on the grounds of 'proven misbehaviour or incapacity.'