What Happened
- Opposition parties under the INDIA bloc, led by TMC and supported by Congress, are set to move an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar in Parliament during the ongoing Budget Session.
- The move follows West Bengal Chief Minister Mamata Banerjee's sit-in dharna in Kolkata since March 6, protesting the Election Commission's Special Intensive Revision (SIR) of electoral rolls in the state.
- Opposition parties allege that the CEC acted in a partisan manner and that voter deletion under the SIR process was politically motivated.
- For the motion to be accepted in Lok Sabha, at least 100 MPs must sign it; in Rajya Sabha, at least 50 members must sign.
- To actually remove the CEC, the motion must be passed by both Houses with a majority of total membership and at least two-thirds of members present and voting — the same threshold as removing a Supreme Court judge.
Static Topic Bridges
The 2023 CEC Appointment Act and Its Controversies
The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 replaced the earlier 1991 Act and fundamentally changed how the CEC is appointed. Previously, appointments were made by the President on the advice of the Prime Minister, with the Chief Justice of India historically included in any collegium-style discussions. The 2023 Act formalised a Selection Committee comprising the Prime Minister (Chairperson), Leader of Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the PM — effectively removing the Chief Justice from the process. A Search Committee headed by the Cabinet Secretary prepares a panel of five candidates for the Selection Committee's consideration.
- The 2023 Act replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
- The law was challenged in the Supreme Court as overturning the Constitution Bench ruling in Anoop Baranwal v. Union of India (March 2023), which had emphasised insulating the appointment process from executive dominance.
- Gyanesh Kumar was appointed CEC under this new Act in February 2025, making him the first CEC appointed through the revised procedure.
- The CEC and ECs cannot be reappointed, restricting them to a single term.
Connection to this news: The opposition's impeachment move is partly rooted in the contestation over the 2023 Act — they argue the law already compromised the Commission's independence, and the SIR controversy is evidence of that partisan tilt.
Removal of the Chief Election Commissioner — Constitutional and Legal Framework
Article 324 of the Constitution establishes the Election Commission and gives the CEC security of tenure comparable to that of a Supreme Court judge. The CEC can only be removed by the President on an address passed by both Houses of Parliament, requiring a special majority — the same high bar that applies to the removal of a Supreme Court judge. This protective provision is intended to insulate the CEC from political pressure and ensure electoral impartiality. Other Election Commissioners enjoy less protection: they can be removed on the recommendation of the CEC alone.
- Removal threshold: Majority of total membership of each House AND at least two-thirds of members present and voting in the same session.
- Lok Sabha: Minimum 100 MPs must sign the notice to move the motion.
- Rajya Sabha: Minimum 50 MPs must sign the notice.
- No CEC has ever been removed in India's constitutional history — this would be a first.
- The procedure mirrors the removal of Supreme Court judges under Article 124(4), invoking the Judges (Inquiry) Act, 1968 procedures by analogy.
Connection to this news: The INDIA bloc is attempting to use this constitutional mechanism, but experts note that with the ruling coalition's majority in both Houses, the motion is unlikely to succeed as a removal exercise. Its primary utility is likely political — creating a public record of dissent and keeping pressure on the Election Commission.
Special Intensive Revision (SIR) of Electoral Rolls
An intensive revision of electoral rolls involves systematic door-to-door verification and re-enumeration of all voters in a constituency, as opposed to summary revision which only makes corrections based on applications. The Election Commission conducts periodic revisions under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960. SIR processes can result in significant deletions of names if voters are not found at their registered addresses, which is a particular concern in states with high migration.
- Electoral rolls are maintained under the Representation of the People Act, 1950.
- The Chief Electoral Officer of each state oversees the process under the guidance of the Election Commission.
- The 2024 electoral rolls revision ahead of the Lok Sabha election also attracted controversy over voter deletions in certain states.
- Opposition parties in West Bengal claim the SIR is selectively targeting minority-dominated areas, alleging political motivation.
Connection to this news: The SIR in West Bengal is the proximate trigger for the opposition's impeachment notice, with Mamata Banerjee's public protest amplifying the political salience of the issue.
Key Facts & Data
- Minimum MPs needed to move the notice: 100 (Lok Sabha), 50 (Rajya Sabha)
- Removal threshold: Two-thirds of members present and voting + majority of total membership of each House
- CEC Gyanesh Kumar appointed: February 2025, under the CEC Appointment Act, 2023
- Selection Committee under 2023 Act: PM (Chair), Leader of Opposition (Lok Sabha), one Union Cabinet Minister
- Anoop Baranwal v. Union of India (March 2, 2023): Constitution Bench ruling that mandated a broader appointment committee including the CJI (later superseded by the 2023 Act)
- No CEC has been removed in India's history since the Constitution came into force in 1950
- The INDIA bloc's motion is the first-ever impeachment notice against a sitting CEC