Indian Democracy in 100 Notes · 🗳️ Theme 2: Election Commission & voter rolls
How a CEC can actually be removed: Article 324(5) explained
The Constitution deliberately makes it hard to remove a Chief Election Commissioner. Article 324(5) says the CEC "shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court," and that the CEC's conditions of service cannot be varied to his disadvantage after appointment. The same standard appears in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
"Like manner and like grounds" points to Article 124(4), which governs Supreme Court judges. There are only two grounds: proved misbehaviour or incapacity. Political disagreement, criticism, or an allegation in a press conference does not by itself meet that test — misbehaviour must be proved through the prescribed process. The procedure under the Judges (Inquiry) Act, 1968 begins with a notice of motion signed by at least 100 members of the Lok Sabha or at least 50 members of the Rajya Sabha. If admitted by the Speaker or Chairman, a three-member inquiry committee investigates before any vote. Each House must then pass an address in the same session, supported by a majority of the total membership of that House and by at least two-thirds of the members present and voting. Only then does the President order removal.
No CEC has ever been removed by this process, and no Supreme Court judge has been removed by it either. In March 2026, opposition notices seeking the CEC's removal were reported as signed by 130 Lok Sabha members and 63 Rajya Sabha members, and both notices were rejected by the presiding officers in April 2026. Reports differ on whether reasons were given, with one account saying the notices lacked material to establish a prima facie case on the required standard, so students should check the presiding officers' orders rather than rely on a single summary.
Other Election Commissioners have a different, weaker shield: under the second proviso to Article 324(5), they can be removed only on the recommendation of the CEC. That asymmetry — a judge-level shield for the CEC, a single recommendation for the others — is itself a subject of constitutional debate.
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Key takeaways
- The CEC can be removed only for proved misbehaviour or incapacity, like a Supreme Court judge.
- Removal needs an inquiry, then a special majority in each House in the same session, then a presidential order.
- No CEC has ever been removed; the March 2026 notices reportedly did not proceed.
Why it matters for civil studies: A high removal bar protects independence from day-to-day political pressure, but it also means accountability must work through proof, not through protest or headlines alone.
Discussion question: Is the same removal bar for judges and the CEC a strength, a weakness, or both — and should Election Commissioners have the same protection as the CEC?
Fact-checked copy, 1 November 2026. Disputed claims are attributed in the text; moving topics should be re-checked at the time of reading.