New Delhi:
The process of removing the Chief Election Commissioner (CEC) of India is one of the most stringent in the Constitution, ensuring independence and impartiality of the Election Commission. According to Article 324(5) of the Indian Constitution, the removal of the CEC follows the same procedure as that of a Supreme Court or High Court judge.
Procedure for Removal of Chief Election Commissioner
- A written proposal must first be signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs.
- This proposal is then submitted to the Speaker of the Lok Sabha.
- Once accepted, the motion is placed before both Houses of Parliament.
Requirement of Special Majority
For the motion to pass, it must be approved by a special majority in both the Lok Sabha and Rajya Sabha. This means:
- At least 50% of the total members of each House must support it.
- Additionally, two-thirds of the members present and voting must vote in favour.
Only when both Houses pass the resolution with this special majority can the proposal move to the next stage.
Role of the President of India
After Parliament’s approval, the resolution is sent to the President of India. The President is then constitutionally bound to act on it and formally remove the Chief Election Commissioner from office.
Why Is the Process So Rigid?
The framers of the Constitution designed this strict procedure to protect the independence of the Election Commission. If the CEC could be removed easily, political pressure might influence free and fair elections. Hence, the removal process mirrors that of judges of the higher judiciary.
Public Awareness Note
This explanation has been shared for citizen awareness, highlighting how India’s democratic institutions are safeguarded through constitutional checks and balances.