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Removing a CEC under Article 324(5): what Keralam's Assembly resolution can do

By CAShorts DeskPublished Updated Source: The News Mill; The Indian Express

Removing a CEC under Article 324(5): what Keralam's Assembly resolution can do
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In a resolution passed on 12 October 2026, the Keralam Assembly sought the Chief Election Commissioner's removal, the restoration of eligible voters dropped in the Special Intensive Revision and the Chief Justice of India's return to the panel selecting Election Commissioners. It binds no one: a CEC can be removed only through both Houses of Parliament, under Article 324(5).

Syllabus: GS2 · Federalism & Local Government; GS2 · Parliament & State Legislatures; GS2 · Representation of the People Act

Why it matters

For a voter struck off the roll, what counts is getting back on it, and an Assembly resolution cannot do that. Electoral rolls are the Election Commission's charge under Article 324, and a dropped voter applies again in Form 6 under rules made under the Representation of the People Act, 1950. Nor can a State remove a CEC or change who picks one: the Election Commission is a Union List subject, removal runs through Parliament, and the panel is set by Parliament's 2023 Act. What the resolution does is put an elected House on record against the body that runs its own elections. The larger issue is trust in that body, which rests on who selects its members and how hard they are to remove.

Prelims pointers

  • Article 324(5): a CEC is removed only like a Supreme Court judge; his service conditions cannot be varied to his disadvantage; other Election Commissioners, only on his recommendation.
  • Article 124(4), on removal of Supreme Court judges: an address by each House, by a majority of total membership and two-thirds present and voting, for proved misbehaviour or incapacity.
  • Article 169: Parliament may create or abolish a State's Legislative Council if its Assembly so resolves by a majority of total membership and two-thirds present and voting.
  • Article 252: if two or more State Legislatures so resolve, Parliament may legislate on a State List matter for them; only Parliament can then amend or repeal that law.
  • Proviso to Article 368(2): amendments to the Seventh Schedule's Lists, States' representation in Parliament or the President's election need ratification by half of the States.
  • Anoop Baranwal v Union of India (2023): a Constitution Bench put the CJI on the panel until Parliament legislated; the 2023 Act replaced the CJI with a Cabinet Minister.
  • Articles 325 and 326: one general electoral roll per constituency, none excluded for religion, race, caste or sex alone; elections on adult suffrage at 18.
  • Representation of the People Act, 1950 governs electoral rolls; the Registration of Electors Rules, 1960 under it set out Form 6 (inclusion), Form 7 (objection) and Form 8 (correction).

Practise a UPSC-style question

With reference to the Election Commission of India, consider the following statements:

1. The number of Election Commissioners other than the Chief Election Commissioner is fixed by the President from time to time.

2. An Election Commissioner other than the Chief Election Commissioner can be removed only on the recommendation of the Chief Justice of India.

3. The conditions of service of the Chief Election Commissioner cannot be varied to his disadvantage after his appointment.

Which of the statements given above is/are correct?

  1. (a) 1 and 2 only
  2. (b) 2 and 3 only
  3. (c) 1 and 3 only
  4. (d) 1, 2 and 3
Show the answer

Answer: (c) 1 and 3 only

1 is correct: under Article 324(2), the Commission has the Chief Election Commissioner and such number of other Election Commissioners as the President may fix from time to time. 2 is incorrect: under Article 324(5), another Election Commissioner can be removed only on the recommendation of the Chief Election Commissioner, not the Chief Justice of India. 3 is correct: Article 324(5) bars varying the Chief Election Commissioner's conditions of service to his disadvantage after appointment.

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