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No word on motion against CEC, match-fixing in broad daylight: TMC’s O’Brien

April 02, 2026 5 min read Polity & Governance Social Issues GS2 (Constitutional Bodies Election Commission Parliamentary Procedures)
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What Happened

  • TMC MP Derek O'Brien criticised the absence of action on the opposition's no-confidence motion against Chief Election Commissioner (CEC) Gyanesh Kumar, calling it "match-fixing in broad daylight."
  • Opposition MPs — approximately 130 from the Lok Sabha and 63 from the Rajya Sabha — submitted notices in both Houses seeking the removal of the CEC, making it the first-ever such motion in India's constitutional history.
  • The motion is linked to the controversy over the Special Intensive Revision (SIR) of electoral rolls in West Bengal ahead of the 2026 state assembly elections — TMC alleges the process was designed to disenfranchise genuine voters, resulting in violence and loss of life.
  • CEC Gyanesh Kumar maintained that no genuine voter's name would be removed from the rolls and pledged zero tolerance for election-related violence.
  • Derek O'Brien argues that the CEC's conduct — including the SIR exercise — amounts to "proved misbehaviour" under Article 324(5), the constitutional threshold for removal.

Static Topic Bridges

Election Commission of India — Constitutional Status and Independence

The Election Commission of India (ECI) is established under Article 324 of the Constitution, which vests in it the superintendence, direction, and control of the preparation of electoral rolls and the conduct of elections to Parliament, state legislatures, and the offices of President and Vice President. The ECI was a single-member body until 1989; it became a three-member body (CEC + 2 Election Commissioners) permanently in 1993. The independence of the ECI is protected through tenure security and removal safeguards.

  • Article 324(5): The CEC shall not be removed from office except in like manner and on like grounds as a judge of the Supreme Court — i.e., only through an address of Parliament supported by a two-thirds majority of members present and voting in each House, then presented to the President.
  • The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023: changed the appointment process — a committee of Prime Minister, Leader of Opposition, and a Union Cabinet Minister (nominated by PM) now selects the CEC and ECs, replacing the earlier system where the collegium included the Chief Justice of India.
  • Election Commissioners: unlike the CEC, ECs can be removed by the President on the recommendation of the CEC.
  • The ECI's operational independence — deployment of forces, postponement of elections, model code enforcement — has repeatedly been tested in elections in polarised states.

Connection to this news: The opposition's motion challenges not just the individual CEC's conduct but the structural independence of the ECI; the absence of any CEC removal in India's history makes this the first ever such constitutional attempt.

Special Intensive Revision (SIR) of Electoral Rolls

The Special Intensive Revision (SIR) is a process conducted by the Election Commission to clean up and update electoral rolls before elections — verifying existing entries, adding new eligible voters, and removing deceased or duplicate entries. While periodic revision of rolls is a constitutional and statutory duty of the ECI, the manner and timeline of SIR can be contested if it is perceived as disproportionate, rushed, or targeted at specific communities.

  • Electoral Registration Officers (EROs) conduct the SIR at the district level; Booth Level Officers (BLOs) do house-to-house verification.
  • Legal basis: Representation of the People Act, 1950 (RPA 1950) and the Registration of Electors Rules, 1960 govern electoral roll preparation and revision.
  • Controversy in Bengal (2026): TMC alleged that the SIR exercise, conducted with a tight deadline, led to wrongful deletions of names of genuine Muslim, minority, and migrant voters; protests outside the Chief Electoral Officer's office turned violent.
  • Supreme Court: TMC MP Derek O'Brien moved the Supreme Court seeking an extension of the SIR deadline, alleging procedural irregularities by the ECI; the court examined the matter.

Connection to this news: The Bengal SIR controversy is the proximate trigger for the removal motion; the TMC is arguing that the CEC's management of the SIR constitutes partisan conduct favouring one political party — which, under their interpretation, amounts to "proved misbehaviour."

Removal of the CEC — Constitutional Procedure and Safeguards

Article 324(5) protects the CEC by requiring the same removal procedure as a Supreme Court judge. This high threshold is designed to insulate the CEC from political pressure. No CEC has ever been removed since India's independence. The procedure involves: (i) introduction of a removal motion signed by at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs; (ii) constitution of a three-member inquiry committee if the motion is admitted; (iii) if the committee finds merit, the motion is debated and voted upon — requiring a two-thirds majority of members present and voting in each House; (iv) an address to the President, who then issues the removal order.

  • Grounds: "proved misbehaviour" or "incapacity" — same as Supreme Court judges.
  • The Speaker/Chairman has discretion over whether to admit the removal motion; the government's non-action means the motion may never reach the floor for debate.
  • Judicial review of EC decisions: the Supreme Court can review ECI orders (e.g., Model Code of Conduct enforcement, election schedules) through writ jurisdiction under Article 32 and Article 226.
  • Contrast with Election Commissioners: they enjoy weaker removal protection — can be removed by the President on the recommendation of the CEC, without requiring parliamentary procedure.
  • Chief Election Commissioner and Other Election Commissioners (Appointment) Act, 2023: the new appointment committee was challenged in the Supreme Court; the court upheld the Act but noted the ideal process should include the Chief Justice.

Connection to this news: The government's silence on the removal motion — not scheduling it for House consideration — means the constitutional safeguard for the CEC effectively operates as a shield. Derek O'Brien's public criticism underscores the political and constitutional impasse when the ruling party controls parliamentary procedure and also backs the CEC's actions.

Key Facts & Data

  • Opposition removal notice: 130 Lok Sabha MPs + 63 Rajya Sabha MPs (first-ever in Indian history).
  • CEC Gyanesh Kumar: current Chief Election Commissioner; associated with controversial SIR exercise in West Bengal.
  • Bengal elections: 2026 state assembly elections (due mid-2026).
  • Removal threshold: two-thirds majority in both Houses + Presidential order.
  • Constitutional provision: Article 324(5) — CEC removable only like a Supreme Court judge.
  • First-ever removal notice: no CEC has been removed since 1950.
  • SIR (Special Intensive Revision): electoral roll cleaning exercise before elections; governed by RPA 1950 and Registration of Electors Rules, 1960.
  • CEC appointment (post-2023 Act): committee of PM, Leader of Opposition, and a Union Cabinet Minister.