8 April 2026
Chief Election Commissioner
Constitutional Basis
The Constitution Article 324 deals with the Election Commission of India.
Article 324(5) specifies the procedure for removal of the Chief Election Commissioner (CEC).
This is similar to the procedure for removing a Supreme Court Judge.
The procedure is based on:
Article 124(4) (Judges Removal Procedure)
Judges Inquiry Act, 1968
Conditions for Removal
To remove the Chief Election Commissioner:
“Proved Misbehaviour”
or
“Incapacity”
These must be clearly proven with solid evidence.
Parliamentary Procedure
In both Houses (Lok Sabha + Rajya Sabha):
A special resolution must be introduced.
Required support:
Majority of the total membership
2/3 majority of members present and voting
Essence of the News (Exam Point)
C.P. Radhakrishnan stated:
The 7 allegations made by the opposition
are political in nature
but not sufficient for constitutional removal.
Key reasons:
Some cases – pending in the Supreme Court
Some – under judicial review
Some – lack evidence
If there is contempt of court, it will be decided only by the Supreme Court.
Therefore:
Action cannot be taken under Article 324(5) + Article 124(4)
Concept Clarity
Not all allegations are sufficient for removal.
For removal, there must be:
Serious
Proven
Constitutional violation
Important Points for TNPSC Exam
Article 324 – Election Commission
Article 324(5) – Removal of CEC
Article 124(4) – Judges removal procedure
Judges Inquiry Act, 1968
“Proved Misbehaviour” – Key term
Summary
Removal of the Chief Election Commissioner is a very difficult process.
It requires strong evidence similar to removing a judge.
Political allegations alone are not sufficient.