The Lok Sabha (LS) speaker and the Rajya Sabha (RS) chairman have rejected the opposition’s notice for a motion to remove the Chief Election Commissioner (CEC) Gyanesh Kumar. In LS, 130 members from the opposition filed for the removal of CEC, whereas in RS, 63 members filed for the removal on March 13 in their respective houses. The opposition alleged Kumar for discriminatory conduct, especially in the SIR drive. The speaker of LS, Om Birla in exercise of powers vested to him under section 3 of the Judges (Inquiry) Act, 1968, has refused to admit the said notice of motion. RS also issued a similar bulletin on behalf of chairman C P Radhakrishnan. The bulletin did not specify the ground for rejection of the motion.
Process of removal of CEC
- The removal of the Chief Election Commissioner (CEC) is governed by Article 324(5) of the Constitution of India.
- It is mentioned that the, CEC can be removed only in the same manner and on the same grounds as that of a judge of Supreme Court. The grounds for removal are:
- proved misbehaviour or
- incapacity
- The Election Commissioners can be removed by the President on the recommendation of the CEC.
Parliamentary procedure
- The procedure for the removal process is laid down in the Judges (Inquiry) Act, 1968.
- A motion for removal must be signed by y: At least 100 members of the Lok Sabha (if introduced in LS), or At least 50 members of the Rajya Sabha (if introduced in RS).
- The speaker of LS and chairman of RS have the power to accept or reject the motion.
Inquiry by investigation committee
- Once the motion is admitted, a three-member committee is formed to investigate the charges.
- The commitee must include:
- CJI or a judge of SC
- Chief Justice of any HC
- Distinguished jurist
- The commitee, after investigating the matter, submits the report to the Speaker or Chairman.
Voting in Parliament
- If the commitee finds the person guilty then, the motion is taken up by the Parliament for voting.
- The motion must be passed by a majority of total membership of each house, and a two-thirds majority of the members present and voting.
- Both the Houses must pass the motion in the same session
Presidential order
Once both the Houses pass the motion, an address is sent to the President who then issues an order removing the CEC from his/her office.
