NEW DELHI: Gyanesh Kumar, the Chief Election Commissioner (CEC), is tough to oust since his removal process is similar to that of removing a Supreme Court judge in Article 324(5) of the Constitution. Following the recent media reports of corruption, there have been increasing demands from opposition parties for his removal by using the rigorous parliamentary impeachment process.
Step 1: Submission of the parliamentary notice
To start this process, the concerned MPs need to submit a removal motion addressed either to the Speaker of Lok Sabha or Chairman of Rajya Sabha. The notice must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha to be acceptable.
After receipt, the presiding officers scrutinise the merits of the allegations to ascertain if they have any ground. After that, if approved, the process moves to the investigation committee.
Step 2: The three-member investigation committee
If the notices in both houses are cleared, the process involves setting up a three-member panel to investigate the matter. These are:
A sitting Supreme Court judge or the Chief Justice of India (CJI)
A high court chief justice
A distinguished legal expert
In case there are sufficient reasons for the committee to hold the CEC guilty of misconduct or incompetence, then it will present a report to the Parliament to be debated.
Step 3: Debate in parliament, voting, and presidential approval
After receiving the report, both chambers discuss the resolution and get the chance to give their defense to the accused. The resolution needs a two-thirds majority from both chambers, and such a majority is based on those who are present and casting their vote in the two houses.
If the resolution passes the two-thirds majority vote in both chambers, then it is forwarded to the President of India for his/her approval. So far, no Chief Election Commissioner of India has been successfully removed using this constitutional process. Some opposition political parties attempted to start the process in March and April 2026.
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