Constitutional and legal framework for CEC removal under scrutiny amid governance concerns

The Hindu - News · 27 Sept 2026 · 2 min read
Prelims · Polity Mains · GS2 Polity and constitution High relevance

The removal process of Chief Election Commissioner (CEC) is under scrutiny following opposition demands, highlighting constitutional protections under Article 324(5) and the 2023 Act's provisions for EC appointments and immunities.

Key points

Article 324(5) provides that the CEC can only be removed like a Supreme Court judge - through parliamentary impeachment for 'proved misbehaviour or incapacity', ensuring institutional independence.

2023 Appointment Act altered the Supreme Court's prescribed selection committee composition by replacing CJI with a Union Cabinet Minister, raising constitutional questions currently before the Supreme Court.

Judges (Inquiry) Act, 1968 governs the removal process, requiring special majority in both Houses for impeachment, mirroring the protection given to judiciary to maintain ECI's autonomy.

Differential protection exists for Election Commissioners who can be removed only on CEC's recommendation, creating a hierarchical safeguard mechanism within ECI.

Section 16 of 2023 Act provides limited immunity to ECs for official acts but doesn't explicitly bar arrest, leaving legal ambiguity during investigations.

[GS2-Polity] The controversy connects to basic structure doctrine debates about whether executive-dominated appointments compromise constitutional bodies' independence.

[GS3-Governance] Frequent ECI controversies highlight institutional design flaws in balancing accountability and autonomy for constitutional authorities.

Anoop Baranwal case (2023) had established a collegium-like system for EC appointments, which Parliament overrode through legislation, testing separation of powers.

Way Forward: Amend the 2023 Act to include CJI in selection committee, establish clear investigation protocols for ECs, and codify removal procedures for Election Commissioners to match CEC safeguards.

Key terms

Judges (Inquiry) Act, 1968

Parliamentary procedure for removing judges and CEC requiring special majority, establishing high constitutional threshold to prevent arbitrary removal. Relevant for GS2 questions on checks and balances in constitutional governance.

2023 Appointment Act

Legislation that replaced Supreme Court's selection committee with PM, LoP and Union Minister, currently challenged for potentially undermining ECI's independence. Important for current polity questions on executive-legislative-judiciary relations.

Article 324

Constitutional provision establishing Election Commission of India (ECI) and defining its composition, powers, and removal procedures. Article 324(2) empowers President to appoint CEC/ECs, while 324(5) provides removal safeguards - critical for UPSC to understand institutional design of constitutional bodies.

Anoop Baranwal Case

2023 Supreme Court judgment that created a 3-member selection committee (PM, LoP, CJI) for EC appointments to ensure independence from executive, later modified by Parliament. Demonstrates judicial activism in protecting constitutional bodies' autonomy.