Removal of the Chief Election Commissioner

The Chief Election Commissioner (CEC) cannot be removed merely because the government wants a change. Under Article 324(5), the CEC can be removed only in the same manner and on the same grounds as a judge of the Supreme Court.

Constitutional grounds and safeguards

Removal is permitted only for proved misbehaviour or incapacity. By linking removal to the safeguards available to Supreme Court judges, the Constitution protects the CEC against arbitrary dismissal.

• Article 324(5) also provides that the CEC’s conditions of service cannot be varied to the CEC’s disadvantage after appointment.
• These safeguards support the independence of the Election Commission in administering elections.

Parliamentary procedure and presidential order

The removal standard is drawn from Article 124(4), which governs the removal of Supreme Court judges.

• Each House of Parliament must adopt an address seeking removal on the ground of proved misbehaviour or incapacity.
• In each House, the address must be supported by a majority of its total membership and by not less than two-thirds of members present and voting.
• The address must be presented to the President in the same session, and removal takes effect through the President’s order.

Distinction from other Election Commissioners

Other Election Commissioners do not receive the CEC’s identical removal protection. Under Article 324(5), an Election Commissioner or Regional Commissioner cannot be removed from office except on the recommendation of the CEC.

• The Constitution therefore distinguishes the CEC’s parliamentary removal safeguard from the recommendation-based safeguard for other commissioners.