Why in the News
- Opposition parties, including the Indian National Congress and All India Trinamool Congress, are discussing the possibility of moving an impeachment motion against Gyanesh Kumar in Parliament.
- Congress leader K C Venugopal stated that the entire Opposition will take a collective decision on the proposal.
Impeachment Process of the Chief Election Commissioner (CEC)
- The removal procedure is provided under Article 324(5) of the Constitution of India.
- Grounds for Removal: The Chief Election Commissioner can only be removed on grounds similar to those of a Supreme Court judge, mainly: Proved misbehaviour and Incapacity.
Step-by-Step Process
- Notice of Motion: A removal motion must be signed by:
- At least 100 members of the Lok Sabha, or
- At least 50 members of the Rajya Sabha.
- Admission of Motion
- The motion is submitted to the Speaker of Lok Sabha or Chairman of Rajya Sabha.
- They may accept or reject the motion.
- Investigation: If admitted, an investigative committee is formed to examine the charges.
- Parliamentary Voting: If the committee finds the charges valid, the motion is debated and voted upon in both Houses.
- Special Majority Required: Removal requires:
- Majority of total membership of the House, and
- Two-thirds majority of members present and voting.
- Final Removal: After both Houses pass the motion, the President of India issues the removal order.
| [2017] Consider the following statements: The Election Commission of India is a five-member body. Union Ministry of Home Affairs decides the election schedule for the conduct of both general elections and bye-elections. Election Commission resolves the disputes relating to splits/mergers of recognized political parties. Which of the statements given above is/are correct? (a) 1 and 2 only (b) 2 only (c) 2 and 3 only (d) 3 only |
