Impeaching the CEC: The law, and the process, Pg18

Key Highlights:

• Opposition parties are moving to impeach Chief Election Commissioner (CEC) Gyanesh Kumar for alleged biased conduct.
• The impeachment process for the CEC is the same as that for a Supreme Court judge, as per Article 324(5) of the Constitution.
• The motion requires support from a majority of the total membership of each House of Parliament and a two-thirds majority of those present and voting.
• The Judges (Inquiry) Act, 1968 outlines the procedure for investigating and proving misbehavior or incapacity.

Detailed Insights:

• The impeachment motion, initiated by the Trinamool Congress, accuses the CEC of targeting West Bengal during electoral roll revisions.
• Section 11 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 mirrors the constitutional provision for removal.
• The process involves a motion signed by at least 100 Lok Sabha or 50 Rajya Sabha members, followed by a three-member committee investigation.
• The committee includes a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist who will investigate the matter.

Key Concepts Involved:

• Impeachment: A formal process by which a legislative body levels charges against a high officer of government.
• Article 324(5): Constitutional provision ensuring the CEC's removal process mirrors that of a Supreme Court judge.
• Judges (Inquiry) Act, 1968: Legislation outlining the procedure for investigating misbehavior or incapacity of a judge.