Opposition Moves Impeachment Motion Against Chief Election Commissioner Gyanesh Kumar
Opposition parties led by the Trinamool Congress submitted a formal motion for the removal of Chief Election Commissioner (CEC) Gyanesh Kumar in both the Lok Sabha and the Rajya Sabha on March 13, 2026.
The motion was signed by at least 120 Lok Sabha members and 60 Rajya Sabha members — meeting the constitutional threshold required for such a notice to be formally submitted.
The motion lists seven charges against the CEC, including: "partisan and discriminatory conduct in office," "deliberate obstruction of investigation of electoral fraud," and "mass disenfranchisement" of voters.
The opposition has specifically criticised the Special Intensive Revision (SIR) of electoral rolls, alleging it was manipulated to benefit the ruling party and disenfranchise genuine voters, particularly in West Bengal.
About 180 opposition MPs backed the motion, reflecting rare cross-party unity among the INDIA bloc, though the numbers remain far short of the effective majority required to actually pass a removal resolution.
The motion was supported by the Kirti Azad faction as well, adding to its political weight despite the mathematical reality that passage remains unlikely given the ruling coalition's strength.
Removal of the Chief Election Commissioner: Article 324(5)
The Chief Election Commissioner is one of the most constitutionally protected officials in India. Article 324(5) of the Constitution stipulates that the CEC shall not be removed from office except in the same manner and on the same grounds as a judge of the Supreme Court — providing the office the highest degree of security of tenure available to any constitutional functionary.
The opposition's move signals deep institutional concern about electoral integrity but faces a near-insurmountable mathematical barrier — the ruling coalition holds far more than the blocking minority needed to defeat such a motion.
Election Commission of India: Constitutional Architecture
The Election Commission of India (ECI) is a permanent constitutional body established under Article 324 of the Constitution. It is responsible for the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to Parliament, state legislatures, and the offices of the President and Vice-President.
The impeachment motion arises precisely because the opposition believes the independence safeguards enshrined in Article 324 have been compromised — specifically, the allegation that the CEC acted in a partisan manner in electoral roll revision and fraud investigations.
Special Intensive Revision (SIR) of Electoral Rolls: The Trigger
The immediate trigger for the opposition's action was the Special Intensive Revision (SIR) of electoral rolls ordered by the Election Commission. Electoral roll revision is a routine process but the SIR process drew criticism for its scale, speed, and alleged impact on voter registrations in specific states.
The substantive ground for the impeachment motion is the allegation that the CEC deliberately misused the SIR process to produce partisan electoral outcomes — a charge that, if proved, would constitute "proved misbehaviour" under Article 324(5).
- Motion submitted: March 13, 2026, in both Houses of Parliament
- Signatures: 120+ Lok Sabha MPs, 60+ Rajya Sabha MPs (meets constitutional threshold for notice)
- Seven charges: Partisan conduct, obstruction of electoral fraud investigations, mass disenfranchisement (key three among seven)
- Constitutional provision: Article 324(5) — CEC removal procedure same as Supreme Court judge removal
- Majority required: Special majority — absolute majority of total membership AND two-thirds of members present and voting in EACH House
- Historical precedent: No CEC has ever been removed since India's independence
- Appointment law: CEC and OEC (Appointment, Conditions of Service and Term of Office) Act, 2023
- Electoral roll issue: Special Intensive Revision (SIR) process — opposition alleges partisan manipulation in West Bengal
- 180 opposition MPs back the motion; ruling coalition expected to easily block it