• Grounds for Removal of CEC: The CEC can be removed only on two grounds under Article 124(4) (applicable via Article 324(5)):
  • Proved misbehaviour – Includes corrupt practices, abuse of office, or actions incompatible with the office of CEC; courts have interpreted this to cover failure to discharge official duties.
  • Incapacity – Refers to situations where the officer is unable to perform their duties.
• Procedure for Removal of CEC
  • Members of Parliament must bring a notice of motion explicitly alleging misbehaviour or incapacity. Minimum signatures required: Lok Sabha (at least 100 MPs) and Rajya Sabha (at least 50 MPs)
  • The Speaker/Chairman may consult people and materials to decide whether to admit or refuse the motion.
  • If admitted, a committee is formed to investigate evidence of misbehaviour or incapacity.
  • The motion must be passed by a special majority in both Houses
  • Once both Houses pass the motion, the President orders the removal of the CEC.

Source: The Hindu