Can CEC Gyanesh Kumar Be Removed?

The reported differences surrounding the Election Commission have intensified, with opposition parties seeking action against Chief Election Commissioner Gyanesh Kumar. The constitutional framework, however, makes the removal of a CEC a stringent parliamentary process. Article 324(5) of the Constitution states that the Chief Election Commissioner can be removed only in the same manner and on the same grounds as a Supreme Court judge. Gyanesh Kumar is currently serving as the Chief Election Commissioner of India. Legislative India

Under the constitutional framework governing the removal of a Supreme Court judge, removal is linked to proved misbehaviour or incapacity. Therefore, a CEC cannot be removed merely because of political disagreement or criticism; the prescribed constitutional process has to be followed. The process begins with a removal motion in Parliament, followed by consideration and inquiry under the applicable parliamentary procedure. If the required special majority is secured in both Houses, the removal process can proceed to its final stage, after which the President issues the order of removal.