Opposition Move to Remove Chief Election Commissioner: Constitutional Procedure and First-of-Its-Kind Notice
Opposition MPs collected signatures for a notice to remove Chief Election Commissioner (CEC) Gyanesh Kumar, citing allegations of partisan and discriminatory conduct, obstruction of investigations, and mass disenfranchisement
The notice is expected to be submitted to Parliament; parties from the INDIA bloc and AAP have signed
This marks the first time in India's history that an opposition move to remove a sitting CEC has been formally initiated
The opposition's specific concern relates to the electoral roll revision process in West Bengal, where a large number of voters were allegedly under scrutiny
The CEC's removal requires a process equivalent to impeachment of a Supreme Court judge
Article 324: Election Commission and Removal of CEC
Article 324 of the Constitution vests "superintendence, direction and control of the preparation of electoral rolls for, and the conduct of, all elections" in the Election Commission of India (ECI). Article 324(5) provides that the CEC shall not be removed from office except by an order of the President made after an address by each House of Parliament, supported by a majority of the total membership of each House and by a majority of not less than two-thirds of the members present and voting — the same procedure as removing a Supreme Court judge.
The opposition's move tests the robustness of Article 324(5)'s high-threshold removal mechanism — designed to insulate the CEC from partisan removal — while simultaneously raising questions about accountability for alleged electoral misconduct.
Election Commission of India: Powers and Independence
The ECI is a constitutional body established under Article 324. It functions as an independent authority responsible for overseeing all elections to Parliament, State Legislatures, the President, and the Vice-President. The Commission's independence is protected through: constitutional appointment (not by executive order), security of tenure (cannot be removed except by Article 324(5) procedure), and fixed service conditions that cannot be varied to disadvantage after appointment.
The opposition's allegations — relating to electoral roll revision — touch directly on the ECI's core function under Article 324 and the Representation of People Act; the removal notice frames institutional accountability as a constitutional remedy.
Representation of People Act and Electoral Roll Integrity
The preparation and revision of electoral rolls is governed by the Representation of the People Act, 1950 (voter eligibility and rolls) and the Registration of Electors Rules, 1960. The annual revision process includes summary revisions, special summary revisions, and intensive revisions. Any elector can apply for inclusion, deletion, or correction. The Special Summary Revision 2025 for West Bengal — involving scrutiny of a large number of voter registrations — is the specific trigger for the current political controversy.
Key Details
- RPA, 1950: governs electoral rolls and voter eligibility; Section 16 — disqualification from registration (unsound mind, non-citizen, electoral offence conviction)
- RPA, 1951: governs conduct of elections, corrupt practices, election disputes, disqualification of elected representatives
- Special Summary Revision: typically held before elections; triggered by Section 21 of RPA, 1950 and Rule 25 of Registration of Electors Rules, 1960
- Booth Level Officers (BLOs) are the ground-level officials for electoral roll verification
- ECI's order to delete voter names must follow due process including show-cause notice to affected electors
The dispute over the West Bengal electoral roll revision — specifically whether due process was followed in identifying and scrutinising voter entries — is the substantive accountability question that the opposition's removal notice places before Parliament.
- Article 324(5): CEC removal — majority of total membership + 2/3 of members present in BOTH Houses (same as SC judge)
- CEC and Other ECs (Appointment) Act, 2023: selection committee — PM (Chair), Leader of Opposition, Cabinet Minister; enacted after Anoop Baranwal (2023)
- ECI established: 25 January 1950; multi-member composition since 1989
- First time in India's history: opposition notice to remove a sitting CEC
- Article 324: ECI's superintendence of elections; constitutional body not subject to executive interference
- RPA, 1950: governs voter registration; RPA, 1951: governs election conduct and disputes