Removal of Chief Election Commissioner and Independence of the Election Commission
Why the Constitution protects the CEC like a Supreme Court judge, how removal would work step by step, why the other two Commissioners are less protected, and what happened to the 2026 notices.
The lawRemoval of Chief Election Commissioner: Article 324(5) in Simple Words
324. Superintendence, direction and control of elections to be vested in an Election Commission.
(1) The superintendence, direction and control of the preparation of the electoral rolls for, and the conduct of, all elections to Parliament and to the Legislature of every State and of elections to the offices of President and Vice-President held under this Constitution shall be vested in a Commission (referred to in this Constitution as the Election Commission).
(2) The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President.
(5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:
Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:
Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
124. (4) A Judge of the Supreme Court shall not be removed from his office except by an order of the President passed after an address by each House of Parliament supported by a majority of the total membership of that House and by a majority of not less than two-thirds of the members of that House present and voting has been presented to the President in the same session for such removal on the ground of proved misbehaviour or incapacity.
The Constitution gives the CEC the same shield as a Supreme Court judge: he can be removed only for proved misbehaviour or incapacity, and only if both Houses of Parliament vote for it by a special majority in the same session. His salary and service conditions also cannot be cut after appointment. The two other Election Commissioners have a thinner shield: they can be removed only on the recommendation of the CEC.
🏠 Everyday analogy
A referee who can be sacked by the team manager at half-time will think twice before giving a red card to that team's star. Security of tenure lets the referee blow the whistle without fear.
🇮🇳 Real Indian example
In 76 years no Chief Election Commissioner has ever been removed. In April 2026, removal notices signed by 193 MPs against CEC Gyanesh Kumar were not admitted by the Lok Sabha Speaker and the Rajya Sabha Chairman.
ProcessCEC Removal Process Step by Step, and Removal of Election Commissioners
- 1Notice
A motion signed by at least 100 Lok Sabha members or 50 Rajya Sabha members, following the model of the Judges (Inquiry) Act, 1968.
- 2Admission
The Speaker or Chairman decides whether to admit it. If refused, the process ends there.
- 3Inquiry
If admitted, a three-member committee (a Supreme Court judge, a High Court Chief Justice and a distinguished jurist) examines the charges.
- 4Vote in both Houses
Only if the charges are proved: each House must pass it by a majority of its total membership and two-thirds of members present and voting, in the same session.
- 5President's order
The President then passes the removal order.
| Member | How removed | Shield |
|---|---|---|
| Chief Election Commissioner | Like a Supreme Court judge: proved misbehaviour or incapacity, special majority in both Houses | Strong |
| Election Commissioners | By the President, but only on the recommendation of the CEC | Weaker (depends on the CEC) |
| Regional Commissioners | Same as Election Commissioners | Weaker |
IndependenceIndependence of the Election Commission: Safeguards and Gaps
Safeguards that protect independence
- CEC removable only like a Supreme Court judge (Art. 324(5))
- Service conditions cannot be varied to the CEC's disadvantage
- Fixed term: six years or age 65; no reappointment (2023 Act)
- Multi-member body deciding by majority (T. N. Seshan, 1995)
- Staff on election duty work under ECI control (Art. 324(6))
Gaps critics point to
- Government holds 2 of 3 votes in selection
- ECs depend on the CEC for their own job security
- No bar on government posts after retirement
- Budget is voted, not charged on the Consolidated Fund
- Lifelong immunity under Section 16 cuts both ways: shield or lack of accountability
2026Removal Notices Against the CEC in 2026: What Happened
Connect the dotsRead Next: Related Notes
- How the CEC is chosen in the first place: Appointment of the CEC.
- The immunity clause in the 2023 Act: Section 16 explained.
- Every CEC since 1950: List of Chief Election Commissioners.
- The SIR dispute behind the 2026 notices: Voter list and SIR.
Quick revisionOne-Line Revision Points (Exam Ready)
- CEC removed only like a Supreme Court judge (Art. 324(5) first proviso).
- Grounds: proved misbehaviour or incapacity.
- Special majority: majority of total membership + 2/3 present and voting, both Houses, same session.
- ECs and Regional Commissioners: removed only on the CEC's recommendation.
- CEC's service conditions cannot be varied to his disadvantage.
- 2009: Gopalaswami's recommendation to remove Navin Chawla was not acted on.
- No CEC has ever been removed; 2026 notices (193 MPs) were not admitted (6 Apr 2026).
Practice MCQPractice MCQs (with Answers): Removal of the CEC
The Chief Election Commissioner can be removed in the same manner as:
On whose recommendation can an Election Commissioner be removed?
Consider: 1. A Chief Election Commissioner has been removed by Parliament once, in 1996. 2. The CEC's service conditions cannot be varied to his disadvantage after appointment. Which is/are correct?
How many Lok Sabha members must sign a notice of motion for removal on the judges' model?
Which CEC recommended the removal of Election Commissioner Navin Chawla in 2009?
Doubts ClearedFrequently Asked Questions
How can the Chief Election Commissioner be removed?
Only like a Supreme Court judge: for proved misbehaviour or incapacity, by an order of the President after both Houses pass a motion with a special majority in the same session.
Can the government remove an Election Commissioner?
Only on the recommendation of the Chief Election Commissioner. Without such a recommendation, an EC cannot be removed.
Has any CEC been impeached in India?
No. Notices have been given, including in 2026, but no CEC has ever been removed.
Why is the Election Commission's independence important?
Because the ruling party is also a contestant. Free and fair elections are part of the basic structure of the Constitution, and they need an umpire who does not fear the government.
Sources and further readingSources We Checked
Facts checked on 21 October 2026. The 2026 developments are from the cited reports; the status of the fresh notice could not be confirmed. Hindi text of Article 124(4) is a simple rendering.
- Constitution of India, Part XV (Legislative Department)
- Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (India Code)
- All India Radio News, 6 Apr 2026: RS Chairman and LS Speaker reject notice of motion against CEC
- ANI, 24 Sep 2026: Opposition parties to move impeachment motion notice against CEC
- The Leaflet: Supreme Court issues notice on pleas over CEC's alleged unilateral SIR decisions