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193 opposition MPs sign notice seeking motion for CEC Gyanesh Kumar's removal

March 12, 2026 6 min read Polity & Governance GS2
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What Happened

  • As many as 193 Members of Parliament from the INDIA bloc — 130 from Lok Sabha and 63 from Rajya Sabha — signed a formal notice seeking the initiation of a removal motion against Chief Election Commissioner (CEC) Gyanesh Kumar.
  • The notice, submitted on March 12-13, 2026, is the first time in India's constitutional history that formal removal proceedings have been initiated against a sitting CEC.
  • Opposition parties listed seven charges against the CEC, including "partisan and discriminatory conduct in office," deliberate obstruction of investigations into alleged electoral fraud, and actions resulting in mass disenfranchisement of voters.
  • The primary trigger was the Election Commission's ongoing Special Intensive Revision (SIR) of electoral rolls, which opposition parties — particularly the Trinamool Congress — allege is designed to delete legitimate voters in states such as West Bengal ahead of assembly elections.
  • The threshold requirements for admitting a removal motion are met: at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs must sign, and the opposition has exceeded both thresholds independently.

Static Topic Bridges

Article 324 of the Constitution — The Election Commission of India

Article 324 of the Constitution vests the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to Parliament, state legislatures, the office of President, and the office of Vice-President in an Election Commission of India. The Election Commission consists of the Chief Election Commissioner and such number of other Election Commissioners as the President may from time to time fix.

  • Article 324(1): Superintendence, direction and control of elections vested in the Election Commission.
  • Article 324(2): The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix; appointment by the President.
  • Article 324(5): The CEC shall not be removed from office except in like manner and on the like grounds as a Judge of the Supreme Court; conditions of service shall not be varied to his disadvantage after appointment.
  • Article 324(5) distinguishes the CEC from other Election Commissioners: an Election Commissioner (EC) or Regional Commissioner shall not be removed from office except on the recommendation of the CEC.
  • This asymmetry in removal protection reflects the constitutional intent to provide stronger security of tenure to the CEC as head of an independent constitutional body.

Connection to this news: The opposition's removal motion directly invokes Article 324(5), the constitutional provision that makes the CEC's removal as difficult as removing a Supreme Court judge — thereby ensuring the process, even if ultimately unsuccessful, is constitutionally rigorous and publicly visible.

Removal Procedure — Judges (Inquiry) Act, 1968 and Parliamentary Majority

The removal of the CEC follows the same procedure as the removal of a Supreme Court judge under Article 124(4) of the Constitution, read with the Judges (Inquiry) Act, 1968. The grounds are restricted to two: (a) proved misbehaviour, and (b) incapacity.

  • Step 1 — Notice: A motion signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs is submitted to the Speaker or Chairman respectively.
  • Step 2 — Admission: The Speaker/Chairman decides whether to admit the motion; if admitted, a three-member investigation committee is constituted.
  • Step 3 — Committee: Composed of (i) a Supreme Court judge (or the Chief Justice of India), (ii) a Chief Justice of a High Court, and (iii) a distinguished jurist nominated by the Speaker/Chairman. Where notices are given in both Houses simultaneously, the committee is constituted jointly.
  • Step 4 — Investigation: The committee examines evidence, allows the accused an opportunity to be heard, and submits its report.
  • Step 5 — Parliament: If the committee finds proved misbehaviour or incapacity, each House passes the motion by a special majority — a majority of the total membership of each House AND two-thirds of members present and voting.
  • Step 6 — Presidential Order: An address is presented to the President, who issues the removal order.
  • The requirement for a special majority (not a simple majority) in both Houses means the ruling coalition, if in majority, can effectively block any removal motion from succeeding even if it is admitted.

Connection to this news: The opposition's 193 signatures clear the admission threshold comfortably, but with the ruling BJP commanding a majority in both Houses, the motion cannot succeed at the voting stage under current parliamentary arithmetic — making this primarily a constitutional accountability exercise.

Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023

Parliament enacted this law in December 2023, replacing the earlier framework under which the appointment of the CEC was effectively at the President's (i.e., Council of Ministers') discretion. The law was passed after the Supreme Court's judgment in Anoop Baranwal v. Union of India (March 2023), which directed that CEC appointments be made by a committee until Parliament enacted a law.

  • Selection Committee under the 2023 Act: Prime Minister (Chair), Leader of Opposition in Lok Sabha, and a Union Cabinet Minister nominated by the PM — a 2:1 ratio that gives the government effective control.
  • The Supreme Court in Anoop Baranwal (2023) had directed that the committee include the Chief Justice of India; the 2023 Act replaced the CJI with a Cabinet Minister, which was criticised by opposition parties and legal experts.
  • Term: Six years or age 65, whichever is earlier; no re-appointment.
  • Qualifications: Must have held a post equivalent to Secretary to the Government of India.
  • The 2023 Act removed the CJI from the selection panel — this backdrop is relevant to opposition claims that the appointment process lacks sufficient independence.

Connection to this news: The opposition's removal motion is partly rooted in concerns about institutional independence that have persisted since the 2023 Act's enactment — specifically, whether a CEC appointed through a government-dominated process can be expected to act impartially.

Election Commission of India — Role and Constitutional Significance

The Election Commission of India (ECI) is a permanent, independent constitutional body established under Article 324. Its autonomy is considered essential to the conduct of free and fair elections — the bedrock of democratic governance. The ECI's functions include supervising voter roll preparation, enforcing the Model Code of Conduct, and adjudicating on party symbols and disqualification matters under the Tenth Schedule.

  • The ECI has three members: CEC + two Election Commissioners (since October 1993, when multi-member ECI was constituted by President's order).
  • Model Code of Conduct (MCC): A set of guidelines evolved through consensus over the decades; not a statutory instrument but backed by the threat of electoral action by the ECI.
  • Special Intensive Revision (SIR) of electoral rolls: A periodic exercise for systematic verification and updation of voter lists; opposition allegations concern the timing and methodology of the SIR in West Bengal ahead of state elections.
  • The ECI's decisions can be challenged through a writ petition under Article 226 (High Court) or Article 32 (Supreme Court).

Connection to this news: The core of the opposition's complaint is that the ECI under CEC Gyanesh Kumar has conducted the SIR exercise in a manner that disproportionately affects opposition-leaning voter demographics, raising questions about the institution's neutrality.

Key Facts & Data

  • 193 INDIA bloc MPs signed the removal notice: 130 (Lok Sabha) + 63 (Rajya Sabha)
  • Minimum threshold for motion admission: 100 Lok Sabha MPs or 50 Rajya Sabha MPs
  • Grounds for CEC removal: proved misbehaviour or incapacity (Article 324(5) read with Article 124(4))
  • Seven charges listed in the notice, including partisan conduct, obstruction of electoral fraud investigations, mass disenfranchisement
  • Majority required for removal: special majority in both Houses (total membership majority + two-thirds of members present and voting)
  • This is the first formal removal motion against a sitting CEC in India's constitutional history
  • CEC Gyanesh Kumar was appointed in February 2025 under the Chief Election Commissioner and Other Election Commissioners (Appointment) Act, 2023
  • Judges (Inquiry) Act, 1968 governs the investigation procedure
  • Three-member investigation committee: SC judge/CJI + HC Chief Justice + distinguished jurist