A first for India: MPs move notice for removal of CEC Gyanesh Kumar. What the Constitution says
For the first time in India's constitutional history, opposition MPs moved a formal notice in Parliament seeking the removal of Chief Election Commissioner Gyanesh Kumar
The motion was signed by 193 MPs (130 Lok Sabha, 63 Rajya Sabha) and submitted in both Houses
The charges include "partisan and discriminatory conduct," obstruction of investigation into electoral fraud, and mass disenfranchisement of voters
The Constitution requires an extremely stringent process for CEC removal — identical to that for Supreme Court judges — meaning the procedure requires special majority votes in both Houses and a prior investigation
The 2023 law that changed the CEC appointment process (replacing the CJI on the panel with a Cabinet Minister) is separately under challenge in the Supreme Court
Article 324: The Election Commission's Constitutional Architecture
Article 324 establishes the Election Commission as an independent constitutional body — not a statutory creation but embedded in the Constitution itself. This reflects the framers' recognition that democratic legitimacy requires an independent arbiter for elections, insulated from the executive.
Key Details
- Article 324(1): superintendence, direction, and control of preparation of electoral rolls and conduct of all elections to Parliament, State Legislatures, and offices of President and Vice President
- Article 324(2): the Commission consists of the CEC and such number of other ECs as the President may from time to time fix
- Article 324(5): CEC is removable only like a Supreme Court judge; other ECs can be removed on CEC's recommendation
- Article 324(6): the President or Governor shall make available staff as the Commission may request
- Unlike many constitutional bodies, the ECI exercises plenary powers — courts have repeatedly held that Article 324's grant of power to the ECI is not circumscribed by statute; it can act beyond what any statute provides if necessary for free and fair elections
The opposition's notice directly invokes Article 324(5)'s removal mechanism — for the first time in 75 years of constitutional democracy. The procedure's design reflects how critical the framers considered the CEC's independence.
How CEC Removal Proceeds: Step by Step
The procedure for CEC removal mirrors that for Supreme Court judges under Article 124(4), following the Judges (Inquiry) Act, 1968:
Key Details
- Step 1: Notice signed by minimum 100 Lok Sabha MPs or 50 Rajya Sabha MPs is submitted to the Speaker (Lok Sabha) or Chairman (Rajya Sabha)
- Step 2: The Speaker/Chairman decides whether to admit the motion (can refuse if frivolous or insufficient grounds)
- Step 3: If admitted, a three-member investigation committee is constituted — typically comprising sitting judges of the Supreme Court/High Court and a distinguished jurist
- Step 4: The committee investigates charges, produces a report
- Step 5: If committee finds the charges proved, the motion is voted on in each House — requires absolute majority of total membership AND two-thirds of members present and voting
- Step 6: Both Houses must pass the address; it is then sent to the President, who removes the CEC
The first procedural hurdle — whether the Speaker and Chairman admit the motion — is the immediate question. If admitted, the investigation stage would be the next significant constitutional development.
Independence of Constitutional Institutions: Comparative Context
India's Constitution provides varying degrees of independence to different constitutional bodies. The CEC's protection is among the strongest — equal to a Supreme Court judge. By contrast, the Comptroller and Auditor General (CAG) has weaker tenure protection, and many statutory bodies have no equivalent constitutional guarantee.
Key Details
- Supreme Court judges: removable only by President after special majority address from both Houses; subject of independent judicial committee inquiry
- CEC: same procedure as Supreme Court judges (Article 324(5))
- CAG: President may remove on address of each House of Parliament (Article 148(1)) — but no separate inquiry committee requirement
- Election Commissioners other than CEC: removable on CEC's recommendation; significantly weaker protection
- Attorney General: serves at President's pleasure (no tenure protection)
- The contrast in removal procedures reflects the different roles these offices play in checking government power
The CEC's strong tenure protection is a deliberate constitutional design choice — the 2026 episode tests whether the protective mechanism functions as designed when invoked for the first time.
- Constitutional provision: Article 324(5) — CEC removal like Supreme Court judge (Article 124(4))
- Removal vote: absolute majority + two-thirds present and voting (special majority) in each House
- Procedure law: Judges (Inquiry) Act, 1968 applies by extension
- Minimum signatures required: 100 LS MPs or 50 RS MPs
- Actual signatures: 193 (130 LS + 63 RS)
- First time in 75+ years of constitutional democracy such notice has been issued
- Charges: partisan conduct, electoral fraud obstruction, disenfranchisement in West Bengal SIR
- CEC appointment: Chief Election Commissioner and Other ECs Act, 2023 (CJI replaced by Cabinet Minister on panel)
- Supreme Court challenge to 2023 appointment law: pending