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CEC- to be or not to be?

  The Constitutional Viability of Impeachment Proceedings Against the Chief Election Commissioner: A Legal and Institutional Audit The opposition’s formal parliamentary notices seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar illuminate the perennial friction between political expediency  and constitutional insulation. Sparked by controversies surrounding the nationwide Special Intensive Revision (SIR) of electoral rolls, the impeachment push has been framed as a stand against administrative malfeasance. However, examining this challenge through constitutional doctrine, the Chief Election Commissioner and Other Election Commissioners Act, 2023, and federal administrative jurisprudence reveals that the legal threshold required to prove mens rea or systemic mala fides against the CEC remains unviable. 1. The Evidentiary Threshold of "Proved Misbehaviour" Under Article 324(5) of the Indian Constitution, the CEC is granted express parity of tenure with...
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