Opposition Moves Fresh Motion Seeking Removal of Chief Election Commissioner Gyanesh Kumar
The opposition is drafting a fresh motion to seek the removal of Chief Election Commissioner (CEC) Gyanesh Kumar, citing new allegations against him, following the rejection of the earlier removal motion on April 6, 2026.
The earlier motion — signed by 193 Members of Parliament (130 from Lok Sabha, 63 from Rajya Sabha) — was rejected without explanation by both the Lok Sabha Speaker and the Rajya Sabha Chairman on April 6, 2026.
The first motion (moved March 12, 2026) was similarly rejected by both chairs; both rejections came without the presiding officers assigning reasons.
The fresh motion is expected to attract at least 200 MP signatures and cites additional grounds beyond those in the earlier motions.
Allegations against Gyanesh Kumar include: disproportionate targeting of West Bengal during the Special Intensive Revision (SIR) of electoral rolls, alleged deployment of micro-observers in a partisan manner, and failure to maintain the commission's impartiality in pre-election roll revision exercises.
Article 324: Election Commission of India: Composition and Appointment
Article 324 vests the "superintendence, direction, and control" of elections to Parliament, state legislatures, President, and Vice President in the Election Commission of India (ECI). The CEC and other Election Commissioners (ECs) are appointed by the President. Under the Chief Election Commissioners and Other Election Commissioners (Conditions of Service) Act, 2023 (replacing the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991), the appointment is made by the President on the recommendation of a Selection Committee — comprising the Prime Minister (chair), a Cabinet Minister nominated by the PM, and the Leader of Opposition in the Lok Sabha. A Search Committee headed by the Law Minister proposes names.
The opposition's motion against the CEC directly tests the constitutional framework for CEC removal and the degree of parliamentary oversight over an autonomous constitutional body — a live examination of Articles 324–325 and the 2023 Act.
Removal of the CEC: Constitutional and Statutory Framework
Article 324(5) provides that the CEC shall not be removed from office except in like manner and on like grounds as a Judge of the Supreme Court — i.e., through a process of address by both Houses of Parliament to the President, on grounds of proven misbehaviour or incapacity. This procedure is detailed in the Judges (Inquiry) Act, 1968 (applicable by analogy): a motion must be admitted by the presiding officer, a three-member inquiry committee investigates, and the committee's report forms the basis for the Houses' address to the President. Other Election Commissioners (not the CEC) have no such constitutional protection — they can be removed on the recommendation of the CEC.
The Lok Sabha Speaker and Rajya Sabha Chairman rejected both the March 12 and April 6 motions without stating reasons. This raises the question of whether the presiding officers' discretion to reject removal notices is subject to judicial review — an unsettled constitutional question.
Electoral Roll Revision and ECI's Powers
The Election Commission's power to revise electoral rolls flows from Article 324 and the Representation of the People Act, 1950. Special Intensive Revision (SIR) is a periodic exercise to update electoral rolls — adding eligible citizens, deleting deceased or relocated voters, and correcting errors. The ECI can direct states to conduct SIR at any time. Allegations of partisan SIR exercises — targeting specific states or communities — go to the heart of ECI's functional independence and the integrity of free and fair elections as guaranteed by the Constitution.
Key Details
- Article 326: Elections to Lok Sabha and state assemblies to be on the basis of adult suffrage
- Representation of the People Act, 1950: governs preparation and publication of electoral rolls
- Electoral Registration Officers (EROs) and Booth Level Officers (BLOs) conduct roll revisions under ECI supervision
- SIR in West Bengal (2025-26): opposition alleged that the process was used to selectively delete voters from minority communities — the ECI denied these charges
- Micro-observers: ECI-appointed officials to monitor specific polling stations — allegations of partisan deployment formed part of the removal motion charges
The specific allegations against the CEC relate to the exercise of core ECI functions — roll revision and election monitoring. The credibility of electoral democracy depends on the perceived neutrality of these processes, making the removal motion politically and constitutionally significant regardless of its outcome.
- Article 324(5): CEC removable only in "like manner" as a Supreme Court judge
- First removal motion: March 12, 2026 — rejected by Lok Sabha Speaker and Rajya Sabha Chairman
- Second removal motion: April 6, 2026 — signed by 193 MPs (130 LS + 63 RS); rejected by both chairs without stated reasons
- Fresh (third) motion: being drafted as of April 18, 2026; expected to exceed 200 MP signatures
- Chief Election Commissioners and Other Election Commissioners (Conditions of Service) Act, 2023: replaced the 1991 Act; introduced Selection Committee for CEC/EC appointments; removed CJI from selection process
- Judges (Inquiry) Act, 1968: governs removal process applicable by analogy to CEC removal
- Other ECs (not CEC): removable on recommendation of CEC under 2023 Act — no constitutional protection equivalent to CEC