Can CEC Gyanesh Kumar be removed? Impeachment rules, process and past attempts | Explained

The opposition is planning to submit a fresh impeachment notice against Chief Election Commissioner (CEC) Gyanesh Kumar, multiple media reports said citing unnamed people familiar with the developments.

The opposition’s fresh plan comes as the Election Commission (EC) faces heightened scrutiny in the wake of an Indian Express investigation revealing a measure of dysfunction at the very top levels of the poll body.

This would be the third such notice the opposition plans submit against Kumar who has been CEC since 19 February, 2025. The opposition's last notice, given in the Rajya Sabha in April and signed by 73 MPs, is still pending.

Quick answers to key questions

•5

QUESTIONS

The CEC can be impeached on the grounds of proven misbehavior or incapacity, similar to the process for Supreme Court judges, as per Article 124(4) of the Constitution.

There have been three attempts to submit impeachment notices against CEC Gyanesh Kumar since he assumed office on February 19, 2025.

Impeachment proceedings can be initiated in either House of Parliament with a motion that must be signed by at least 100 MPs in the Lok Sabha and 50 in the Rajya Sabha, followed by a committee investigation and a two-thirds majority vote in both Houses.

Political pressure to remove CEC Kumar has intensified following allegations of dysfunction within the Election Commission and accusations of his 'partisan conduct' during the Special Intensive Revision of voter rolls.

No, there has never been a successful impeachment of a Chief Election Commissioner in India, including the previous motions against CEC Kumar that were rejected by Parliament.

The Indian Express investigating comrpising series of reports hughlighted that CEC Kumar’s two colleagues, commissioners Sukhbir Singh Sandhu and Vivek Joshi, had objected to or complained about being in the dark over a range of issues, including matters related to the contentious special intensive revision (SIR) of voter rolls.

Two of the three Election Commission’s members, Sukhbir Singh Sandhu and Vivek Joshi, objected at least 14 times in 10 months on decisions related to the rollout of the SIR, as per an Indian Express report.

The investihation triggered a political row with the Congress party saying that Gyanesh Kumar has no right to stay in office and must resign. Many of the leaders, including Leader of Opposition in Lok Sabha, Rahul Gandhi, called for Kumar's removal and impeachment.

The Election Commission of India, in its response to the Indian Express report, defended its decision-making process, saying that differing views and observations within an institution are a normal part of deliberation before a final decision is taken.

How is a CEC appointed, can a CEC be removed and has any CEC been removed in India, LiveMint explains.

How are Election Commissioners appointed?

Article 324 of the Constitution and the CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 set out provisions governing the appointment, tenure, and removal of the CEC.

The President appoints the CEC and Election Commissioners upon the recommendation from a three-member selection committee comprising the Prime Minister, the Leader of the Opposition (LoP), and one member of the Union Cabinet.

The appointments are made for a tenure of six years or until the age of 65 years, whichever comes first. The CEC enjoys the same services and monetary benefits extended to justices of the Supreme Court

How can CEC be removed?

The process for removing a CEC is similar to that for removing a Supreme Court or high court judge, meaning an impeachment can be effected only on the grounds of proven misbehaviour or incapacity.

Article 324(5) of the Constitution says the CEC shall not be removed from office except in like manner and on like grounds as a judge of the Supreme Court, and the conditions of service of the CEC shall not be varied to his disadvantage after his appointment.

This is also mentioned in Section 11(2) of the 2023 Act.

According to Article 124(4) of the Constitution, which contains the process for removing a Supreme Court judge, removal of a CEC can only be “on the ground of proved misbehavior or incapacity.”

Misbehaviour can comprise any corrupt practices or abuse of office.

The motion for removal may be introduced in either House of Parliament. For the impeachment motion to be admitted, it needs to be signed by at least 100 MPs in the Lok Sabha and 50 in the Rajya Sabha.

Once admitted, an enquiry is conducted to examine the validity of the charges. This involves forming a committee to investigate evidence of misbehaviour or incapacity. The motion for removal then needs to be passed by a two-thirds majority “present and voting” in both houses of Parliament. Once passed successfully, the President orders the removal of the CEC.

According to the law on the appointment of CEC and election commissioners, "the CEC shall not be removed from his office except in the like manner and on the like grounds as a judge of the Supreme Court", and the other election commissioners shall not be removed from office "except on the recommendation of the CEC".

According to the Judges (Inquiry) Act, 1968, if the notice for the motion is given on the same day in both Houses of Parliament, no committee shall be constituted unless the motion has been admitted in both Houses.

After the motion has been admitted in both Houses, a committee shall be constituted jointly by the Lok Sabha speaker and the Rajya Sabha chairman.

The committee will consist of the chief justice of India (CJI) or a Supreme Court judge, the chief justice of one of the 25 high courts, and a "distinguished jurist".

The committee proceedings are like any court proceeding, with witnesses and the accused cross-examined.

The CEC will also have a chance to speak before the committee.

According to the rule, once the committee submits its report, it will be tabled in the House, and discussions on impeachment will commence.

Has any CEC been impeached in India?

No, CEC has ever been removed in India. In April this year, Parliament rejected the impeachment motions submitted in both Houses by the Opposition to remove CEC Kumar. Neither presiding officer assigned any reason for their decisions, and the Opposition leaders criticised the move.

The TMC led the Opposition in submitting the impeachment motions in the Lok Sabha and Rajya Sabha on 12 March, with 130 MPs signing the former and 63 the latter.

The CEC needs to be held accountable; he has no right to stay in office based on his actions.

Both motions referred to the Election Commission’s ongoing Special Intensive Revision (SIR) of electoral rolls, and alleged “partisan and discriminatory conduct” on the part of the CEC and “obstruction of investigation into electoral fraud and SIR”.

The April notice was given after two separate notices submitted in the Lok Sabha and the Rajya Sabha on March 12. The Opposition accused Kumar of “misbehaviour.” The March notices were rejected on April 6. The notice in Rajya Sabha was signed by 63 MPs, while the one in the Lok Sabha was signed by 130 MPs.