What Happened
- The Opposition, led by the INDIA bloc with support from AAP, gathered 130 Lok Sabha MPs and 63 Rajya Sabha MPs to sign a notice seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar — meeting the constitutional threshold in both Houses.
- This is the first time in India's history that a notice for removal of the CEC has been submitted to Parliament.
- The charges cited in the notice range from alleged partisan conduct of the CEC to mass disenfranchisement, particularly linked to the Special Intensive Revision (SIR) exercise of voter rolls being conducted ahead of West Bengal assembly elections.
- The notice was to be submitted to the presiding officer (Speaker of Lok Sabha or Chairman of Rajya Sabha) through the secretariat of one House, with the other House expected to receive it subsequently.
- All INDIA bloc parties and AAP (not part of the INDIA bloc) signed the notice; West Bengal CM Mamata Banerjee and Congress leader Rahul Gandhi have been vocal critics of the CEC.
Static Topic Bridges
Removal of the Chief Election Commissioner: Constitutional Provisions
Under Article 324(5) of the Constitution, the CEC shall not be removed from office except in like manner and on like grounds as a judge of the Supreme Court. This means the CEC can only be removed by the President of India on an address by both Houses of Parliament passed by a special majority (i.e., majority of the total membership of each House AND a majority of not less than two-thirds of members present and voting). The threshold for initiating the process: at least 100 MPs in Lok Sabha and 50 MPs in Rajya Sabha must sign the notice.
- Article 324(5): CEC's security of tenure — removable only like a Supreme Court judge
- Constitutional requirement: special majority in both Houses — absolute majority + 2/3rd of members present
- This removal procedure (same as Supreme Court judges) distinguishes the CEC from Election Commissioners, who can be removed on the recommendation of the CEC alone
- The Chief Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 replaced the earlier system where the President appointed the CEC solely on PM's advice — it now involves a Selection Committee (PM, Home Minister, Leader of Opposition)
Connection to this news: The Opposition's move tests this constitutional provision for the first time — the 130 + 63 signatures crosses the minimum threshold, triggering the procedural process even if political arithmetic makes a successful removal motion extremely unlikely given the government's parliamentary majority.
Election Commission of India (ECI): Role and Independence
The ECI is an autonomous constitutional body (Article 324) responsible for superintendence, direction, and control of elections to the Parliament, state legislatures, the office of the President, and Vice President. Its independence is guaranteed through security of tenure, fixed service conditions (salaries charged to the Consolidated Fund of India), and the multi-member structure. The ECI conducts the Special Intensive Revision (SIR) of electoral rolls to add new eligible voters and remove dead/migrated voters — but critics allege misuse for political disenfranchisement.
- Article 324: ECI consists of CEC and such number of Election Commissioners as the President may fix
- Security of tenure: CEC cannot be removed except by the same process as a Supreme Court judge; Election Commissioners can be removed on the recommendation of the CEC
- Special Intensive Revision (SIR): periodic intensive revision of electoral rolls mandated under the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960
- Chief Election Commissioners (Appointment...) Act, 2023: new selection committee includes PM, Home Minister, Leader of Opposition — controversially excluded the CJI
Connection to this news: The Opposition's motion is driven by allegations that the SIR exercise in West Bengal — seen as a prelude to assembly elections — was being used to unfairly delete voter names in opposition-leaning constituencies, raising fundamental questions about ECI impartiality.
Procedure for Removal of Constitutional Functionaries
The Constitution prescribes specific removal procedures for different constitutional officers to protect their independence. Supreme Court judges (Article 124(4)), High Court judges (Article 217), Comptroller and Auditor General, and the CEC all require a "Presidential address" backed by a special majority in both Houses. The Judges (Inquiry) Act, 1968 governs the procedure for investigating misconduct before the removal motion is put to vote.
- Impeachment process: Speaker/Chairman admits the motion → refers to three-member inquiry committee (SC judge, HC CJ, distinguished jurist) → committee reports → motion put to vote
- A special majority = majority of total membership + 2/3rd of members present and voting (higher than a constitutional amendment in some respects)
- No CEC or Supreme Court judge has ever been removed through this process in India's history
- The CJI can only be removed by the same process — not by any executive action
Connection to this news: The historical significance of this first-ever removal notice for a CEC highlights the tension between the constitutional design for independent institutions and the political reality of parliamentary majorities.
Key Facts & Data
- Signatures collected: 130 Lok Sabha MPs + 63 Rajya Sabha MPs (minimum required: 100 + 50)
- First-ever notice seeking removal of the Chief Election Commissioner in independent India
- Charges include: partisan conduct, mass disenfranchisement via SIR exercise
- All INDIA bloc parties + AAP signed the notice
- Constitutional threshold for removal: special majority in both Houses (absolute majority + 2/3rd of members present)
- West Bengal has 294 assembly constituencies; SIR exercise targeted voter roll revision ahead of elections