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EC removes DGP, Kolkata CP in poll-bound West Bengal

March 16, 2026 4 min read Polity & Governance GS Paper 2 (Polity & Governance Constitutional Bodies)
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What Happened

  • One day after announcing the West Bengal Assembly Election schedule, the Election Commission of India removed Director General of Police (DGP) Peeyush Pandey and Kolkata Police Commissioner Supratim Sarkar, along with two other senior IPS officers.
  • Senior IPS officer Siddh Nath Gupta was appointed as the new DGP, while Ajay Kumar Nand was named the new Commissioner of Kolkata Police; both were directed to take charge from 3 PM on the day of the order.
  • The removals followed an earlier reshuffle of top bureaucrats including the West Bengal Chief Secretary, as part of the ECI's pre-election administrative overhaul to ensure impartial enforcement.

Static Topic Bridges

Article 324 — ECI as a Constitutional Reservoir of Power

Article 324 of the Constitution vests the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to Parliament, State Legislatures, and the offices of the President and Vice-President in the Election Commission of India. The Supreme Court in Mohinder Singh Gill v. Chief Election Commissioner (1978) described Article 324 as a "reservoir of power," holding that the ECI has residual authority to act wherever the law is silent, in order to ensure free and fair elections. This doctrine underpins the ECI's exercise of powers not explicitly enumerated in the Representation of the People Acts.

  • Article 324(6) mandates the President or a State Governor to make available to the ECI staff necessary for its election-related duties when requested.
  • ECI's powers under Article 324 are plenary but not absolute — they operate in areas where no specific statutory law exists; they cannot override validly enacted statute.
  • The ECI is a multi-member constitutional body: Chief Election Commissioner + up to two Election Commissioners; all enjoy removal protection akin to a Supreme Court judge.

Connection to this news: The ECI's directive to the West Bengal government to transfer its top police officials is premised on Article 324 powers — ensuring that law enforcement operates without bias during election period. The West Bengal government's initial resistance to earlier bureaucratic transfers prompted escalation to police leadership changes.

Model Code of Conduct and Its Enforcement Mechanism

The Model Code of Conduct (MCC) is a set of guidelines issued by the ECI that comes into effect from the date of announcement of the election schedule. It regulates the conduct of political parties, candidates, and the government in power to prevent misuse of state machinery and ensure a level playing field. While the MCC has no direct statutory backing, it derives its authority from Article 324 and is reinforced by specific provisions of the IPC, CrPC, and the Representation of the People Act, 1951.

  • MCC applies from the date of poll announcement to the date of results.
  • The MCC prohibits: using government machinery for campaign purposes, combining official duties with electioneering, issuing policy announcements that may influence voters.
  • The "party in power" provisions specifically restrict Ministers from using official transport, personnel, or bungalows for political activities.
  • Flying squads, static surveillance teams, and a centralised complaint mechanism (helpline 1950 and C-Vigil app) are deployed to enforce MCC.

Connection to this news: The removal of the DGP and Kolkata CP is an enforcement of the "level playing field" principle under the MCC — ensuring that senior police officials perceived as biased or closely associated with the ruling party do not hold command positions during election enforcement.

ECI's Power to Transfer State Officials — Constitutional Debate

The ECI's authority to unilaterally transfer state officials sits at a constitutional intersection of Article 324 and the Seventh Schedule. Law and order, including the police, falls under List II (State List), Entry 2. State governments argue that the ECI cannot override their control over police and civil services without consent. The ECI counters that Article 324 read with Article 324(6) empowers it to direct the state to deploy its officials for election purposes, which necessarily includes the power to remove officials who could compromise neutrality.

  • Article 246 read with the Seventh Schedule: Police is a State Subject (Entry 2, List II).
  • Article 324(6): The President/Governor shall make available staff to the ECI when requested.
  • Precedent: ECI has transferred officials in Uttar Pradesh, Tamil Nadu, West Bengal, and Bihar in previous election cycles; courts have generally upheld these transfers as constitutional.
  • The April 2026 Supreme Court clarification reaffirmed that while the ECI's transfer powers are broad, they must be exercised on objective grounds of election management, not as punitive action.

Connection to this news: TMC protested the removal of the DGP and Kolkata CP as overreach. The constitutional debate over whether ECI can transfer officials appointed under State Cadre rules (IPS cadre is Central but allocated to State) continues as a live issue in Indian federalism.

Key Facts & Data

  • West Bengal Assembly Election 2026: Schedule announced March 15, 2026; first phase polling in multiple phases.
  • New DGP: Siddh Nath Gupta (IPS); New Kolkata Police Commissioner: Ajay Kumar Nand (IPS).
  • Removed: DGP Peeyush Pandey and Kolkata CP Supratim Sarkar.
  • This was the second round of ECI-directed transfers in West Bengal — the Chief Secretary had been transferred earlier.
  • Over 5,173 flying squads and 5,200+ static surveillance teams deployed across five poll-bound states/UTs.
  • ECI enforces transfers under Article 324(6) read with the IPS (Cadre) Rules, 1954.