What Happened
- Rajya Sabha Chairman CP Radhakrishnan and Lok Sabha Speaker Om Birla both rejected opposition notices seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar
- The notice of motion had been signed by 130 Lok Sabha members and 63 Rajya Sabha members
- In Lok Sabha, the notice was filed on March 12, 2026 under Article 324(5) read with Article 124(4), Section 11(2) of the CEC Act, 2023, and the Judges (Inquiry) Act, 1968
- Rajya Sabha Chairman stated that while the allegations may be relevant for political discussion, they do not meet the constitutional threshold required to initiate removal proceedings
- Opposition (led by Trinamool Congress) alleged partisan conduct, abuse of constitutional authority, obstruction of electoral fraud investigations, and concerns over special intensive revision of electoral rolls
Static Topic Bridges
Constitutional Provisions for Removal of the Chief Election Commissioner
Article 324(5) of the Constitution provides that the Chief Election Commissioner shall not be removed from office except in the same manner and on the same grounds as a Judge of the Supreme Court. This means removal requires an address by both Houses of Parliament, each passed by a special majority (majority of total membership AND two-thirds of members present and voting), followed by a Presidential order.
- Constitutional basis: Article 324(5)
- Grounds for removal: "proved misbehaviour or incapacity" — same as Supreme Court judges under Article 124(4)
- Procedure: follows Judges (Inquiry) Act, 1968
- Inquiry Committee: constituted by the Speaker/Chairman upon receipt of the motion notice
- Special majority required: majority of total membership + two-thirds of members present and voting in each House
- No CEC in India's history has ever been removed
- Other Election Commissioners can be removed only on the recommendation of the CEC (stronger protection than other commissioners)
Connection to this news: The Speaker and Chairman examined whether the allegations crossed the constitutional threshold of "proved misbehaviour or incapacity" and concluded they fell short — making the rejection an exercise of gatekeeping the quasi-judicial process under the Judges (Inquiry) Act, 1968.
CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023
The CEC Act 2023 replaced the earlier framework where the President appointed election commissioners on the advice of the Cabinet (with no statutory law governing appointments). The 2023 Act establishes a Search Committee chaired by the Prime Minister, with the Leader of Opposition and a Cabinet Minister as members, for recommending appointments.
- CEC Act, 2023 enacted after Supreme Court's five-judge bench ruling in Anoop Baranwal v. Union of India (March 2023)
- The Supreme Court held that a law governing ECI appointments was constitutionally necessary
- Appointment panel: PM (Chair), Leader of Opposition, Cabinet Minister
- Supreme Court had proposed inclusion of CJI in the panel — the 2023 Act replaced CJI with a Cabinet Minister
- Term: 6 years or until age 65, whichever is earlier
- Section 11(2) of the Act mirrors Article 124(4) for grounds and procedure of removal
Connection to this news: The opposition invoked both Article 324(5) and Section 11(2) of the 2023 Act in its notice, reflecting the dual legal framework — constitutional and statutory — governing CEC removal.
Independence of the Election Commission: Constitutional Safeguards
The ECI's independence is protected through multiple constitutional provisions: security of tenure under Article 324(5), the condition that service conditions of the CEC cannot be varied to his disadvantage after appointment (Article 324(5)), and the requirement that his salary is charged to the Consolidated Fund of India.
- Article 324: Vests election superintendence, direction, and control in ECI
- Article 324(5): Tenure protection equivalent to Supreme Court judges
- Salary charged to Consolidated Fund: insulates from budget vote pressure
- ECI can issue Model Code of Conduct binding on government and political parties
- Supreme Court (S. Subramaniam Balaji case, 2013) upheld ECI's power to regulate manifesto promises during election period
Connection to this news: The Chairman's rejection demonstrates that constitutional removal mechanisms set a deliberately high bar — ensuring political disagreements cannot translate into removal attempts, thus protecting ECI's functional independence.
Key Facts & Data
- CEC Gyanesh Kumar — current Chief Election Commissioner
- Removal notices signed by: 130 Lok Sabha MPs + 63 Rajya Sabha MPs
- Notice filed in Lok Sabha: March 12, 2026
- Legal basis cited: Article 324(5), Article 124(4), Section 11(2) CEC Act 2023, Judges (Inquiry) Act 1968
- Both Rajya Sabha Chairman (CP Radhakrishnan) and Lok Sabha Speaker (Om Birla) rejected the notices
- No CEC has ever been removed in India's constitutional history
- CEC Act, 2023 enacted following Supreme Court ruling in Anoop Baranwal v. Union of India (2023)
- Removal requires special majority in both Houses: majority of total membership + two-thirds present and voting