Constitutional Prescription related to Removals / Dissolutions

Sl. No.	Functionaries / Bodies	Removed by / Dissolved by	Related Article
1	President	Parliament	61
2	Vice-President	Parliament	67
3	Rajya Sabha	Not subject to dissolution	83
4	Lok Sabha	President	85
5	Deputy Chairman of the Rajya Sabha	Rajya Sabha	90
6	Speaker and Deputy Speaker of the Lok Sabha	Lok Sabha	94
7	Judges of the Supreme Court	President (on the recommendation of the Parliament)	124
8	Comptroller and Auditor-General of India	President (on the recommendation of the Parliament)	148
9	State Legislative Council	Not subject to dissolution	172
10	State Legislative Assembly	Governor	174
11	Speaker and Deputy Speaker of the State Legislative Assembly	State Legislative Assembly	179
12	Chairman and Deputy Chairman of the State Legislative Council	State Legislative Council	183
13	Judges of the High Courts	President (on the recommendation of the Parliament)	217
14	State Election Commissioner	President (on the recommendation of the Parliament)	243K
15	Chairman and Members of the UPSC, a JSPSC and a SPSC	President	317
16	Chief Election Commissioner	President (on the recommendation of the Parliament)	324
17	Election Commissioners or Regional Commissioners	President (on the recommendation of the Chief Election Commissioner)	324
18	District Council of an Autonomous District and Regional Council of an Autonomous Region	Governor (on the recommendation of the Commission on the Administration of Autonomous Districts and Autonomous Regions)	Sixth Schedule

Analytical Insights on Constitutional Removals and Dissolutions

1. Removal = Constitutional Accountability Mechanism

Removal is not punishment; it’s a corrective constitutional process.
It ensures that those who hold public office do so under the rule of law, not personal will.

Every removal provision has three constitutional goals:

1. To protect independence (by making removal difficult),
2. To ensure accountability (by allowing removal when misconduct occurs), and
3. To prevent arbitrariness (through due process).

Thus, removal provisions are the constitutional brakes on power.

2. Distinction Between “Removal” and “Dissolution”

Before analysis, we must note the conceptual distinction:

Removal	Dissolution
Refers to individual office-holders (e.g. President, Judge, Speaker)	Refers to collective bodies (e.g. Lok Sabha, State Assembly)
Based on misconduct, incapacity, or constitutional process	Based on political necessity or tenure completion
Ensures personal accountability	Ensures political or institutional renewal

🧠 Interpretation:
The Constitution uses both as different forms of accountability — one moral/legal, the other political/electoral.

3. The President and Vice-President — Removal by Parliament (Impeachment)

Office	Removed By	Article	Process Type
President	Parliament	Art. 61	Impeachment — a judicial-cum-political process
Vice-President	Parliament	Art. 67	Resolution passed by Rajya Sabha, agreed by Lok Sabha

💡 Insight:
These two removals reflect parliamentary supremacy and republican ethics —
The highest offices of the State are accountable not to the executive or judiciary, but to the representatives of the people.

“No one, not even the President, stands above parliamentary scrutiny.”

4. Judicial Independence: Judges of SC & HC — Removal by President on Parliament’s Recommendation

Office	Removed By	On Whose Recommendation	Article
Supreme Court Judges	President	Parliament	124(4)
High Court Judges	President	Parliament	217(1)(b)

🧠 Constitutional Logic:

• The President executes the removal,
• The Parliament investigates and recommends,
• The Judiciary remains insulated from executive interference.

This “two-step” process — parliamentary recommendation, presidential execution — preserves judicial independence with accountability.

5. Symmetry Between Union and State Legislatures

Institution	Dissolved/Removed By	Article
Lok Sabha	President	85
State Legislative Assembly	Governor	174
Rajya Sabha / State Legislative Council	Not subject to dissolution	83 / 172

💡 Interpretation:

• Lower Houses are dissolved to seek fresh popular mandate — symbol of democratic renewal.
• Upper Houses are continuing chambers, reflecting institutional continuity and experience.

✅ Hence, dissolution = renewal, not instability — a built-in cycle of democratic legitimacy.

6. Speakers, Deputy Speakers, Chairpersons — Removed by Their Own Houses

Office	Removed By	Article
Speaker & Deputy Speaker (Lok Sabha / Assemblies)	Respective House	94 / 179
Chairman & Deputy Chairman (Legislative Council / Rajya Sabha)	Respective House	183 / 90

🧠 Meaning:
Presiding officers are accountable to the members who elected them, not to the executive.
This maintains legislative autonomy and internal democracy.

The House elects them, the House can remove them — a pure reflection of parliamentary principle.

7. CAG, CEC, State Election Commissioner, UPSC — Protected Removal

Functionary	Removed By	On Recommendation Of	Article
CAG	President	Parliament	148
Chief Election Commissioner	President	Parliament	324
Election Commissioners / Regional Commissioners	President	Chief Election Commissioner	324
State Election Commissioner	President	Parliament	243K
UPSC / JSPSC / SPSC Members	President	—	317

💡 Interpretation:
These officers are watchdogs of democracy — financial, electoral, or administrative.
Hence, they enjoy tenure security equal to that of Supreme Court Judges — removed only by a special, quasi-judicial parliamentary process.

This guarantees that the “guardians of the Constitution” remain free from political pressure.

8. Governor’s Power to Dissolve Assemblies — Symbol of Federal Supremacy

• State Assembly → dissolved by Governor (Art. 174)
• Governor → removed by President (Art. 156)

🧠 Dual Logic:

1. Governor acts on aid and advice of the State Council of Ministers,
2. But can also act under President’s direction (especially under Article 356).

This makes the Governor a constitutional link between Centre and State, embodying India’s “unitary bias within federalism.”

Dissolution at the State level is therefore both a political act and a constitutional safeguard.

9. Protection of Autonomy in Local and Autonomous Bodies

• District & Regional Councils (Sixth Schedule) →
  Removed/Dissolved by Governor on recommendation of a Commission.

💡 Meaning:
These bodies enjoy semi-federal autonomy, especially in tribal regions.
Hence, dissolution can’t be arbitrary — it must follow objective evaluation through a Commission on Administration of Autonomous Areas.

Even at the grassroots, the Constitution embeds procedural dignity before removing local authorities.

10. Patterns of Removal — A Constitutional Hierarchy of Accountability

Level	Who Removes/Dissolves	Symbolic Meaning
National Heads (President, VP)	Parliament	People’s sovereignty
Judiciary & Constitutional Watchdogs	President (on Parliament’s recommendation)	Protection from political misuse
Legislative Leaders	Respective House	Internal self-regulation
State Executives & Legislatures	President / Governor	Federal balance & constitutional control
Local & Tribal Councils	Governor (on expert advice)	Administrative oversight with autonomy

🧠 Interpretation:
Every removal is linked to the next higher constitutional tier, ensuring no concentration of power and no absolute independence.

🌟 Essence of the Table

Removal provisions are the Constitution’s moral compass — ensuring that no authority, however powerful, remains unaccountable.
Through layered procedures and institutional interdependence, they transform power into responsibility and office into trust.

In the Constitution, dignity lies not just in gaining office, but in leaving it rightly — so that governance always walks hand in hand with ethics.