Citing charges including “partisan and discriminatory conduct” and “obstruction of investigation into electoral fraud and SIR” (Special Intensive Revision of electoral rolls), the Opposition on Friday submitted notices in both Houses of Parliament for an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar.
A senior TMC MP told The that 120 Lok Sabha members and 73 Rajya Sabha members had signed the notices. “A total of 17 Opposition parties have supported the notice. It has been submitted in both Houses,” the MP said.
As per procedure, the notice has to be signed by at least 100 members if moved in the Lok Sabha and 50 members in the Rajya Sabha. This is the first time a notice is being moved for the removal of a CEC.
However, the Opposition’s move is largely symbolic, given the ruling NDA’s clear numerical advantage in both the Lok Sabha and Rajya Sabha. But it has political significance as it comes days before the EC is expected to announce the Assembly election schedule for the states of West Bengal, Assam, Kerala and , and the Union Territory of Puducherry.
According to sources, the Opposition has listed several charges against the CEC, including “proven misbehavior”, “partisan and discriminatory conduct”, “SIR exercise and mass disenfranchisement”, “compromised appointment”, “obstruction of investigation into electoral fraud and SIR”, “contempt of Supreme Court”, and “failure to maintain independence”.
Speaking to reporters inside the Parliament complex, TMC’s Lok Sabha member Mahua Moitra said the required number of signatures have been collected. “We have got more than enough numbers,” she said.
The TMC, led by West Bengal Chief Minister Mamata Banerjee, has taken the initiative for the move against the CEC, with senior party MPs being at the forefront of collecting signatures of Opposition members of both Houses. While the SIR has remained a contentious exercise in several states, it has been especially controversial in West Bengal.
How is the CEC removed?
The process for seeking the CEC’s removal is similar to that of impeaching a Supreme Court judge. Article 324 (5) of the Constitution states that “the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment”.
The grounds for the removal of the CEC and other election commissioners (ECs) are also laid down in Section 11 (2) of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which regulates the appointment, conditions of service, and term of office of the CEC and the ECs.
The procedure for the removal of a Judge is laid down in the Judges (Inquiry) Act, 1968. It stipulates that a complaint against a judge is taken up if it is signed by at least 100 members in the Lok Sabha and 50 members in the . Once the motion is submitted, the presiding officer of the House takes a call on whether to accept or reject it.
If the motion is admitted, the Speaker or the Chairman of the House constitutes a three-member investigative committee.
The committee then frames charges based on which the investigation is conducted. After concluding its investigation, the committee submits its report to the Speaker or Chairman, who then has to lay the report before the relevant House. If the report records a finding of misbehaviour or incapacity, the motion for removal is taken up for consideration and debated.
For the motion to go through, at least two-thirds of those “present and voting” in both the Lok Sabha and the Rajya Sabha must vote to remove the judge, and the number of votes in favour must be more than 50 per cent of the “total membership” of each House. Once both Houses adopt the motion by a special majority, it is sent to the President of India.
