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CEC Gyanesh Kumar acting under 'executive's thumb', says Opposition's notice seeking election chief's removal

March 22, 2026 5 min read Polity & Governance GS Paper 2
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What Happened

  • 193 opposition MPs — 130 from Lok Sabha and 63 from Rajya Sabha — submitted notices to the presiding officers of both Houses seeking removal of Chief Election Commissioner (CEC) Gyanesh Kumar.
  • The notice lists seven charges against the CEC, including partisan conduct in office, obstruction of investigation into electoral fraud, and mass disenfranchisement through the Special Intensive Revision (SIR) exercise.
  • Opposition parties allege that the CEC has acted under executive influence, particularly in conducting the SIR exercise in West Bengal in a manner that threatens to delete genuine voters from electoral rolls.
  • Approximately 98 lakh names (68 lakh marked for deletion + 30 lakh sent for re-verification) were placed in uncertainty in West Bengal's SIR process ahead of the 2026 Assembly elections.
  • If formally admitted and brought to a vote, this would be the first time in India's parliamentary history that a removal motion has been moved against a sitting Chief Election Commissioner.
  • CEC Gyanesh Kumar declined to respond to media queries on the removal notice.

Static Topic Bridges

Constitutional Provisions for Appointment and Removal of the CEC

The Chief Election Commissioner is appointed by the President of India under Article 324(2) of the Constitution. The tenure and conditions of service are governed by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

  • Article 324(5) of the Constitution provides that the CEC shall not be removed from office except in like manner and on like grounds as a Judge of the Supreme Court — that is, through a formal address by Parliament under Article 124(4).
  • Article 124(4) requires a special majority for removal: a majority of the total membership of each House (absolute majority) AND a two-thirds majority of members present and voting in each House.
  • The 2023 Act revised the appointment process: the CEC is now appointed by the President on the recommendation of a three-member Selection Committee comprising the Prime Minister, the Leader of the Opposition in Lok Sabha, and a Union Cabinet minister nominated by the PM. This change replaced the earlier convention of appointment on the sole advice of the PM.
  • In Anoop Baranwal v. Union of India (2023), the Supreme Court directed that a Selection Committee include the CJI until Parliament legislated on the matter; Parliament subsequently enacted the 2023 Act without including the CJI on the committee.

Connection to this news: The removal notice invokes Article 324(5) read with Article 124(4) — the same procedure used for impeachment of Supreme Court judges. The 193-MP backing falls short of the two-thirds threshold in Lok Sabha (364 out of 543) required for passage.

Special Intensive Revision (SIR) of Electoral Rolls

Electoral rolls in India are governed by the Representation of the People Act, 1950, and the Registration of Electors Rules, 1960. The Election Commission conducts periodic revisions — Summary Revision (annually) and Intensive Revision (ahead of elections). A Special Intensive Revision (SIR) is a non-periodic, concentrated door-to-door exercise to verify and clean electoral rolls.

  • The SIR in West Bengal was ordered by the ECI under Section 21 of the Representation of the People Act, 1950, and Rule 25 of the Registration of Electors Rules, 1960.
  • SIR involves Booth-Level Officers (BLOs) conducting physical verification of registered voters at their stated addresses.
  • Article 326 of the Constitution guarantees universal adult suffrage — any mass deletion of genuine voters constitutes a potential violation of the right to vote, which the Supreme Court has treated as a constitutional right under Article 326.
  • West Bengal's total electorate: approximately 7.08 crore after the final SIR roll (February 28, 2026); over 98 lakh names were in procedural uncertainty during the exercise.

Connection to this news: The opposition's charge of "mass disenfranchisement" is anchored in the SIR process — their argument is that the ECI used the SIR as a tool to selectively delete voters, with implications for the 2026 West Bengal Assembly elections.

Independence of the Election Commission of India

Article 324(1) vests the superintendence, direction, and control of elections to Parliament, state legislatures, and offices of President and Vice-President in the Election Commission of India. The ECI's independence is protected through security of tenure (Article 324(5)), financial independence (salaries charged to the Consolidated Fund of India), and a quasi-judicial character.

  • The Election Commission comprises the CEC and two Election Commissioners (ECs), a composition regularised by the Election Commissioner Amendment Act, 1989 and upheld in S.S. Dhanoa v. Union of India (1991).
  • Election Commissioners (other than the CEC) can be removed on the recommendation of the CEC — a provision that critics argue creates a hierarchical vulnerability.
  • The Model Code of Conduct (MCC), though not a statutory instrument, is enforced by the ECI through its constitutional authority under Article 324.
  • The ECI's autonomy has been debated repeatedly — landmark SC observations on ECI independence include Mohinder Singh Gill v. Chief Election Commissioner (1978) and A.C. Jose v. Sivan Pillai (1984).

Connection to this news: The opposition's removal bid is fundamentally a contestation over ECI institutional independence — whether the current CEC's actions represent partisan exercise of a constitutionally independent authority.

Key Facts & Data

  • 193 MPs signed the removal notice: 130 (Lok Sabha) + 63 (Rajya Sabha).
  • Article 324(5) read with Article 124(4): removal requires absolute majority + two-thirds majority of members present and voting in each House.
  • West Bengal SIR: ~98 lakh names in procedural uncertainty (68 lakh for deletion + 30 lakh for re-verification) out of 7.08 crore total electorate.
  • The 2023 Appointment Act: CEC selected by a 3-member panel (PM + Leader of Opposition + PM-nominated Cabinet minister).
  • AI-generated voter ID detected during SIR in Bhangar constituency — a document fabricated using Google's Gemini AI was submitted as proof of identity.
  • This would be the first removal motion against a CEC in Indian parliamentary history if admitted and voted upon.