Leaders of the INDIA bloc on Saturday (October 31) held a “public impeachment” of Chief Election Commissioner Gyanesh Kumar over alleged irregularities in the Special Intensive Revision of electoral rolls.This is part of the Congress-led alliance’s “vote chori” campaign against the Election Commission and the Centre. On Sunday, the opposition parties are set to hold a rally seeking the resignation of Kumar at Ramlila Maidan in New Delhi.Sources in the Congress explained the “public impeachment” plan. “We have submitted multiple motions in both Houses of Parliament to impeach Gyanesh Kumar. But despite having the required numbers, our motions have not been accepted in either House. Now, we have no choice but to impeach him in public,” a senior Congress MP told The Indian Express recently.The INDIA bloc’s “public impeachment” features a mock hearing, and mock Parliamentary and court proceedings, with former Speaker Meira Kumar presiding over proceedings and TMC’s Saugata Roy and SP’s Awadhesh Prasad in deputy chair position. But how does the actual impeachment process of a CEC work? Here’s what the law says.How are Election Commissioners appointed?The ECI is entrusted with the responsibility of conducting free and fair elections in the country. Article 324 of the Constitution and the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 lay down provisions regarding the appointment, tenure, and removal of the CEC.The President appoints the CEC and Election Commissioners upon the recommendation from a three-member selection committee comprising the Prime Minister, the Leader of the Opposition (LoP), and one member of the Union Cabinet. Those appointed should have previously held secretary-level positions in the Government and be “persons of integrity, who have knowledge of and experience in management and conduct of elections,” according to the 2023 Act.Also in Explained | Ballot papers in Indian elections: Where are they still used, and whyThe appointments are made for a tenure of six years or until the age of 65 years, whichever comes first. The CEC enjoys the same services and monetary benefits extended to justices of the Supreme Court.High bar for impeachment of CECStory continues below this adThe bar for removing the CEC has been set very high. This is on purpose. The high bar aims to shield the Election Commission from political pressures.Article 324(5) of the Constitution states that the CEC can be removed from office only “in like manner and on the like grounds as a Judge of the Supreme Court.” It also says that Election Commissioners can only be removed on the recommendation of the Chief Election Commissioner. The article also states that this process is “subject to provisions of any law made by Parliament” on the matter.A similar framing can be found in the Chief Election Commissioner and Other Election Commissioners Act of 2023. Section 11 of the Act, which provides for the resignation and removal process, sticks to the same process as mentioned in the Constitution. “The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court,” it says.Article 124(4) of the Constitution, which contains the process for removing a Supreme Court judge, removal can only be “on the ground of proved misbehavior or incapacity.”Story continues below this adMisbehaviour can comprise any corrupt practices or abuse of office. Over the years, courts have interpreted this to include actions which are incompatible with the office of the CEC or the CEC’s failure to discharge her official duties. Incapacity refers to a situation where the officer is unable to perform her duties.How can the Chief Election Commissioner be removed?To initiate the removal of the CEC, members of both Houses must bring a notice of motion explicitly alleging misbehaviour or incapacity. To be admitted, an impeachment motion needs to be signed by at least 100 MPs in the Lok Sabha and 50 in the Rajya Sabha. They can consult people and materials to refuse or admit the motion.Also Read | SIR extended in six states: What EC move means for votersIf the motion is admitted, an inquiry is conducted to examine the validity of the charges. This involves forming a committee to investigate evidence of misbehaviour or incapacity.The motion for removal must secure the support of a majority of the total membership of each House and be passed by a two-thirds majority “present and voting” in both Houses of Parliament. Once passed successfully, the President orders the removal of the CEC.Story continues below this adThere is no discretion once the constitutional requirements are met, since the President acts on the advice of Parliament in this context.Has any Chief Election Commissioner been impeached in India?No.Back in April, the Rajya Sabha Chairman and Lok Sabha Speaker rejected the impeachment motions submitted in both Houses by the Opposition to remove CEC Kumar. Both presiding officers did not assign any reason for their decisions and the Opposition leaders criticised the move.The TMC led the Opposition in submitting the impeachment motions in the Lok Sabha and Rajya Sabha on March 12, with 130 MPs signing the former and 63 the latter. Both motions referred to the Election Commission’s ongoing Special Intensive Revision (SIR) of electoral rolls, and alleged “partisan and discriminatory conduct” on the part of the CEC and “obstruction of investigation into electoral fraud and SIR”.Story continues below this adThe Express investigation also reported that the two Election Commissioners raised concerns about processes linked to the SIR.