🗞️ Why in News An Opposition motion to remove the Chief Election Commissioner (CEC) was tabled in Parliament in March 2026 — the first such formal attempt in 75 years of Indian democracy. The Indian Express editorial of March 13, 2026 warns this marks an unprecedented challenge to the independence of India’s premier electoral institution.
The Editorial’s Argument
The Indian Express makes three interconnected arguments:
1. Seventy-five years of constitutional convention is being broken. No CEC has faced a removal motion in independent India’s history. Even the most controversial CECs — T.N. Seshan (accused of partisanship by incumbents) and Navin Chawla (recommended for removal by CEC Gopalaswami in 2009) — faced no formal removal motions. The motion signals a qualitative escalation in political pressure on the institution.
2. The 2023 amendment to CEC appointment undermined independence before the motion. The Supreme Court in Anoop Baranwal v. Union of India (2023) had directed that a three-member committee comprising the PM, Leader of Opposition, and Chief Justice of India appoint Election Commissioners. Parliament subsequently enacted a law replacing the Chief Justice with a Cabinet Minister — restoring executive majority in the appointment process.
3. Institutional independence requires both procedural and substantive protection. High removal thresholds (Art. 324) exist precisely to shield constitutional offices from political majorities. Using the motion itself — even if it fails — as a tool of intimidation is constitutionally corrosive.
The Election Commission of India — Constitutional Position
Constitutional Basis
The Election Commission of India (ECI) is established under Article 324 of the Constitution — one of the key constitutional bodies given independent status to protect democratic processes.
| Feature | Details |
|---|---|
| Constitutional basis | Article 324 |
| Composition | CEC + Election Commissioners (number determined by President) |
| CEC removal | Same procedure as SC judge — address by both Houses, special majority |
| EC removal | On recommendation of CEC (asymmetric — protects CEC from being outvoted by ECs) |
| Appointment | President appoints on advice of Council of Ministers (post-2023 law: PM + LoP + Cabinet Minister committee) |
Removal Procedure (Art. 324 read with Art. 367)
To remove the CEC:
- A motion must be tabled with 100 Lok Sabha members OR 50 Rajya Sabha members as signatories
- A three-member inquiry committee examines the charges (Speaker/VP + two senior judges)
- Both Houses must pass the motion by special majority (majority of total membership + 2/3 of members present and voting)
- Presidential order then formally removes the CEC
The high threshold mirrors Supreme Court judge removal (Art. 124(4)) — reflecting the constitutional drafters’ intent to insulate both institutions from transient political majorities.
Historical Context — Contested CECs
| CEC | Period | Controversy | Outcome |
|---|---|---|---|
| T.N. Seshan | 1990–96 | Aggressively enforced MCC; accused of anti-incumbency by Congress | No removal motion; term completed |
| Navin Chawla | 2009 | CEC B.B. Tandon and later Gopalaswami formally recommended his removal | No formal Parliamentary motion; served term |
| 2026 Motion | March 2026 | First formal parliamentary removal motion | Pending — Indian Express warns of institutional damage regardless of outcome |
The Appointment Law Amendment — 2023
The Anoop Baranwal SC judgment (2023) created a committee: PM + Leader of Opposition + CJI. Parliament subsequently enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, replacing the CJI with a Cabinet Minister nominated by the PM — effectively giving the executive a 2:1 majority in the committee.
The editorial connects these two events: the 2023 appointment law weakened structural independence; the 2026 removal motion represents a further step in the same direction.
UPSC Relevance
Prelims: Art. 324 (Election Commission); CEC removal procedure (special majority + both Houses); Anoop Baranwal v. UoI (2023); CEC Appointment Act 2023; T.N. Seshan; Navin Chawla. Mains GS-2: Independence of constitutional bodies — Election Commission; judicial vs. executive appointments; role of Leader of Opposition. Essay: “The health of a democracy can be measured by the independence of its election management body.”
📌 Facts Corner — Knowledgepedia
Election Commission — Constitutional Data:
- Article 324: Establishes ECI; vests superintendence, direction, and control of elections
- CEC removal: Same as SC judge — special majority in both Houses (Art. 324(5))
- EC removal: President on recommendation of CEC alone — asymmetric protection
- First CEC: Sukumar Sen (1950-58); conducted first general elections 1951-52
Appointment Post-2023:
- Committee: PM + Leader of Opposition + Cabinet Minister (PM’s nominee)
- Pre-2023: President on advice of PM alone (no committee)
- SC direction (Anoop Baranwal 2023): PM + LoP + CJI
- Parliament replaced CJI with Cabinet Minister — executive retains 2:1 majority
Removal Threshold:
- Signatories needed: 100 LS members OR 50 RS members to table motion
- Special majority: Majority of total membership + 2/3 present and voting
- Three-member inquiry committee must examine charges first
Landmark CECs:
- T.N. Seshan (1990-96): Transformed ECI; enforced MCC strictly; considered one of India’s most impactful constitutional officers
- M.S. Gill, J.M. Lyngdoh: Continued Seshan-era reforms
- Rajiv Kumar (current, 2022-): Conducted 2024 general elections
Other Relevant Facts:
- Model Code of Conduct (MCC): Not statutory — ECI enforces through Art. 324 authority
- ECI is a multi-member body since 1993 (converted from single-member to protect CEC from executive pressure)
- State Election Commissions: Separate constitutional bodies (Art. 243K) for local body elections — NOT under ECI
Source: Indian Express, Vajiram & Ravi