What Happened
- 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
Static Topic Bridges
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.
- Article 324(5): CEC's removal — same procedure as SC judge (Article 124(4)); requires majority of total membership + two-thirds of members present and voting in BOTH Houses
- Election Commissioners (other than CEC): can be removed only on the recommendation of the CEC — a simpler process
- Security of tenure protects the CEC's independence from executive pressure; salary charged to Consolidated Fund of India
- The CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (replacing the 1991 Act): changed appointment process — removed the Chief Justice of India from the Selection Committee; committee now: PM (Chair), Leader of Opposition, and a Union Cabinet Minister
- Supreme Court in Anoop Baranwal v. UoI (2023) had directed inclusion of CJI in the selection committee; the 2023 Act overrode this
Connection to this news: 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.
- ECI established: 25 January 1950 (National Voters' Day); originally single-member body; converted to multi-member in 1989
- Composition: CEC + 2 Election Commissioners (currently)
- ECI powers include: issuing the Model Code of Conduct, recognising political parties (para 15 of the EPS), disqualifying sitting MPs/MLAs for electoral offences
- Voter ID (EPIC): introduced in 1993; AADHAAR-voter linkage drive: initiated under the Election Laws (Amendment) Act, 2021
- Electoral Roll management: Section 13 to 25 of the Representation of People Act, 1950 governs electoral rolls
Connection to this news: 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.
- 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
Connection to this news: 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.
Key Facts & Data
- 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