Polity · GS2.3 · 2026-10-27 · 3 min read · 2026-10-27-am
Election Commission of India Clarifies CEC Removal Process Like Supreme Court Judge
The Election Commission of India (ECI) filed a joint affidavit in the Supreme Court on October 26, 2026, stating that the Chief Election Commissioner (CEC) can only be removed using the same procedure and grounds as a Supreme Court judge. This clarification is important for UPSC aspirants to understand the constitutional safeguards ensuring the independence of the Election Commission.
The CEC can be removed only through the procedure and grounds applicable to the removal of a Supreme Court judge, safeguarding the Commission's independence.
Why is this in the news?
On October 26, 2026, the Election Commission of India filed a joint affidavit in the Supreme Court clarifying that the CEC's removal process is identical to that of a Supreme Court judge.
What is the removal process of the Chief Election Commissioner?
- Removal procedure. The CEC can be removed from office only in the manner and on the grounds identical to those for removing a Supreme Court judge.
- Constitutional safeguard. This process ensures the independence of the CEC by protecting the office from arbitrary removal.
How does the Election Commission function internally?
- Decision-making process. Decisions are taken collectively by the multi-member Commission, following the rule of majority as per the 2023 Act.
- No unilateral decisions. Decisions are circulated among Election Commissioners and the CEC, approved, signed, and then notified and implemented by the EC Secretariat.
- Electronic approvals. In urgent situations, approvals can be obtained electronically and recorded later in official files.
What controversies and clarifications did the ECI address in the affidavit?
- Media reports challenged. The ECI stated that media reports alleging authoritarian functioning of the CEC are not evidence and petitions based solely on such reports should not be maintainable.
- Form 6 unchanged. The ECI denied that Form 6 was amended during Special Intensive Revision exercises, clarifying that an additional declaration form was only a supplementary document.
- West Bengal appeals. The ECI confirmed that 16.10 lakh appeals against voter inclusion in West Bengal rolls were filed by Chief Electoral Officer’s officers as authorized under the Representation of the People Act.
- Internal order controversy. The affidavit indirectly confirmed that two Election Commissioners wrote to the Cabinet Secretary regarding a July 28, 2026 internal order issued without their consensus, which was never implemented.
Key numbers
| Figure | What it measures | Source |
|---|---|---|
| 16.10 lakh | Number of appeals filed against voter inclusion in West Bengal electoral rolls | |
| July 28, 2026 | Date of controversial internal work allocation order in ECI | |
| October 26, 2026 | Date when ECI filed the joint affidavit in the Supreme Court |
Back to basics: Removal of Constitutional Authorities
Certain constitutional authorities like the Chief Election Commissioner and Supreme Court judges have special removal procedures to ensure their independence. These procedures typically require a parliamentary process with specific grounds such as proven misbehavior or incapacity, preventing arbitrary dismissal by the executive.
Practice: MCQ, Mains and revision
Prelims MCQ
Consider the following statements about the Chief Election Commissioner (CEC): 1. The CEC can be removed only through the procedure and grounds applicable to the removal of a Supreme Court judge. 2. The CEC can make unilateral decisions without consulting other Election Commissioners. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
Answer and trap
Answer: (a). Statement 2 is incorrect because the Election Commission functions as a multi-member body where decisions follow the rule of majority and no unilateral decisions are allowed.
Mains question (15 marks)
Examine the constitutional safeguards that ensure the independence of the Chief Election Commissioner in India.
Examine: Explain the removal process and internal functioning of the Election Commission that protect the CEC's independence.
Intro: The Chief Election Commissioner (CEC) enjoys constitutional safeguards to maintain independence from executive interference.
- The CEC can be removed only through the procedure and grounds applicable to a Supreme Court judge, ensuring security of tenure.
- The Election Commission functions as a multi-member body where decisions are taken collectively, preventing unilateral authority.
- The 2023 Act mandates majority rule for decision-making and records approvals with signatures of all members.
- These safeguards prevent arbitrary actions and uphold the integrity of the electoral process.
Conclusion: Such constitutional protections are vital for the Election Commission to function impartially and maintain democratic credibility.
Quick revision
- How can the Chief Election Commissioner be removed from office?
- The CEC can be removed only through the procedure and grounds applicable to the removal of a Supreme Court judge.
- Does the Chief Election Commissioner make decisions unilaterally?
- No, decisions are taken collectively by the Election Commission following the rule of majority.
- Was Form 6 amended during the Special Intensive Revision exercises according to the ECI affidavit?
- No, the ECI clarified that Form 6 was not amended; only an additional declaration form was introduced as a supplementary document.
Sources
- [1] The Hindu: CEC can be removed only like a Supreme Court judge, ECI tells top court · 2026-10-26 · newspaper