Impeachment Motion Against Chief Election Commissioner
Background
The Opposition, led by the Trinamool Congress, is working on a motion to impeach Chief Election Commissioner citing "biased conduct" as the primary ground for impeachment. The process mirrors that of removing a Supreme Court judge.
Legal Framework
According to Article 324 (5) of the Constitution:
- The Chief Election Commissioner (CEC) can only be removed "in like manner and on the like grounds as a Judge of the Supreme Court."
- Election Commissioners can be removed based on the CEC's recommendation.
- The process is subject to laws made by Parliament.
Legislative Provisions
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 reinforces the constitutional procedure for removal.
Process for Removal
As outlined in Article 124 of the Constitution and the Judges (Inquiry) Act, 1968:
- Removal of a Supreme Court judge requires a presidential order supported by a majority in each House of Parliament, with at least two-thirds of the members present and voting.
- A motion for removal must be signed by at least 100 Lok Sabha members or 50 Rajya Sabha members.
- The Speaker or Chairman decides to admit or refuse the motion.
- If accepted, a three-member committee investigates, comprising:
- One Supreme Court judge
- One Chief Justice of a High Court
- One distinguished jurist
- If the committee finds the judge guilty, the motion proceeds in Parliament. If passed, the removal address is sent to the President.
