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Oppn files notices in both Houses for removal of CEC

March 14, 2026 5 min read Polity & Governance GS2 (Constitutional Bodies Polity Election Commission)
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What Happened

  • Opposition parties submitted notices in both the Lok Sabha and the Rajya Sabha seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar on March 13, 2026.
  • Approximately 130 Lok Sabha MPs and 63 Rajya Sabha MPs signed the notice, surpassing the minimum threshold of 100 (Lok Sabha) and 50 (Rajya Sabha) required under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
  • This is the first attempt in independent India's history to impeach a sitting Chief Election Commissioner.
  • The motion cites allegations of "partisan and discriminatory conduct," irregularities in the Special Intensive Revision (SIR) of electoral rolls in West Bengal, and alleged mass disenfranchisement of voters.
  • Opposition parties filing the notice include Trinamool Congress, Congress, Samajwadi Party, DMK, and NCP(SCP).

Static Topic Bridges

Constitutional Status of the Election Commission — Article 324

Article 324 of the Constitution establishes the Election Commission of India (ECI) as an independent constitutional body responsible for superintendence, direction, and control of elections to Parliament, state legislatures, the President, and the Vice-President. 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(5) provides that the CEC shall not be removed from office except in the same manner and on the same grounds as a judge of the Supreme Court, thus providing the highest level of constitutional protection. Election Commissioners (other than CEC) can be removed by the President on the recommendation of the CEC.

  • Article 324(5): CEC security of tenure is identical to that of a Supreme Court judge — removal only through parliamentary address.
  • Article 124(4): A Supreme Court judge can be removed by an address by Parliament in the same session, passed by a special majority (majority of total membership + two-thirds of members present and voting).
  • The ECI was a single-member body (only the CEC) until 1989, when the first Election Commissioners were appointed.
  • The Supreme Court in Anoop Baranwal v. Union of India (2023) directed that the appointment of the CEC and ECs should be on the recommendation of a committee comprising the PM, the Leader of Opposition, and the CJI, pending a law — a direction the government addressed through the 2023 Act.

Connection to this news: The constitutional protection under Article 324(5) means that removal of the CEC requires the same rigorous parliamentary process as removing a Supreme Court judge — a deliberately high bar to ensure independence.

The CEC and Other Election Commissioners Act, 2023 — Appointment and Removal

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 replaced the earlier arrangements for CEC appointment. The 2023 Act established a three-member Selection Committee for appointing the CEC and ECs: the Prime Minister (Chairperson), the Leader of the Opposition in Lok Sabha, and a Cabinet Minister nominated by the PM. The Act also set out the removal procedure: a notice signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs is required to initiate removal proceedings. If admitted by the Speaker/Chairman, a three-member inquiry committee (comprising a retired SC judge, a retired HC Chief Justice, and a distinguished jurist) is formed to investigate.

  • Removal threshold under 2023 Act: 100 Lok Sabha MPs or 50 Rajya Sabha MPs must sign the notice.
  • After committee investigation, both Houses must pass the address by special majority (majority of total membership + two-thirds of members present and voting).
  • The 2023 Act excluded the CJI from the Selection Committee, which was the subject of political controversy; the SC's Anoop Baranwal direction had included the CJI.
  • Removal requires an address from both Houses in the same session and the President's approval.

Connection to this news: The opposition has crossed the numeric threshold required under the 2023 Act. Whether the Speaker (Lok Sabha) and Chairman (Rajya Sabha) admit the notice is the next procedural step, after which a committee would be formed if admitted.

Special Intensive Revision (SIR) of Electoral Rolls

Special Intensive Revision (SIR) is a procedure under Section 22 of the Representation of the People Act, 1950 whereby the Election Commission can order a comprehensive review and updating of electoral rolls. During an SIR, enumerators visit each household to verify existing voters, add new eligible voters, and delete those who are deceased, have shifted, or are otherwise ineligible. The process is typically used before major elections to ensure rolls are accurate. Critics of the 2026 West Bengal SIR argued it was conducted with insufficient notice, inadequate enumerator training, and resulted in deletion of genuine voters, especially in areas with high migrant populations.

  • Representation of the People Act, 1950 (RPA): governs preparation and revision of electoral rolls.
  • Section 22 RPA: Allows for special revision of rolls at any time the ECI considers it necessary.
  • The ECI conducted the West Bengal SIR in early 2026, ahead of anticipated state assembly elections.
  • Opposition parties claimed the SIR resulted in disenfranchisement of minority and opposition-leaning voters.
  • The Model Code of Conduct does not apply during electoral roll revision exercises, which are administrative rather than electoral in character.

Connection to this news: The allegations around the West Bengal SIR are the principal substantive basis for the removal motion; the motion tests whether parliamentary oversight mechanisms can check the conduct of a constitutional body.

Key Facts & Data

  • CEC named in notice: Gyanesh Kumar.
  • Signatories: ~130 Lok Sabha MPs (threshold: 100) and ~63 Rajya Sabha MPs (threshold: 50).
  • First such removal attempt in Indian constitutional history.
  • Constitutional basis: Article 324(5) read with Article 124(4).
  • Statute: Chief Election Commissioner and Other Election Commissioners Act, 2023.
  • Removal requires: Special majority (majority of total membership + two-thirds of members present and voting) in both Houses.
  • Inquiry committee if admitted: Retired SC judge + retired HC Chief Justice + distinguished jurist.
  • Grounds cited: Partisan conduct, West Bengal SIR irregularities, alleged voter disenfranchisement.