Opposition plans to move fresh notice seeking removal of CEC Gyanesh Kumar

Opposition parties in Parliament have drafted a fresh notice seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar, after their earlier remo...

What Happened

Opposition parties in Parliament have drafted a fresh notice seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar, after their earlier removal notices were rejected by the Lok Sabha Speaker and Rajya Sabha Chairman.
The earlier notices — supported by approximately 130 MPs in Lok Sabha and 63 in Rajya Sabha — were filed under Article 324(5) read with Article 124(4), citing seven grounds of "proved misbehaviour" including alleged executive bias and lack of institutional independence.
Following the rejection of those notices, opposition leaders from multiple parties are working to build a broader coalition — aiming for at least 200 MP signatures — before re-filing a motion.

Static Topic Bridges

Article 324 — The Election Commission of India

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 President and Vice-President in the Election Commission of India.

The Election Commission is a constitutional body — its existence, powers, and basic structure are guaranteed by Article 324, not by ordinary legislation
Article 324(1): Vests election superintendence in the Election Commission
Article 324(2): The Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners as the President may from time to time fix (currently two other Election Commissioners)
Article 324(5): The CEC shall not be removed from office except in like manner and on the like grounds as a Judge of the Supreme Court. The other Election Commissioners shall not be removed from office except on the recommendation of the CEC.
Security of tenure is constitutionally guaranteed to the CEC to ensure independence; the same protection is NOT extended to other Election Commissioners (they can be removed on the CEC's recommendation alone)

Connection to this news: The opposition notices invoking Article 324(5) are using the correct constitutional provision. The rejection by presiding officers was on procedural grounds (insufficiency of the motion as presented), not on the substantive constitutional question.

Removal Procedure for the CEC — Mirroring Supreme Court Judges

The CEC can only be removed through a process equivalent to the removal of a Supreme Court judge, governed by Article 124(4) of the Constitution. This is one of the most exacting removal procedures in Indian constitutional law.

Article 124(4) procedure: An address for removal must be presented to the President, supported by a vote in each House of Parliament with — (i) a majority of the total membership of that House, AND (ii) a majority of not less than two-thirds of the members present and voting
Grounds for removal: "Proved misbehaviour or incapacity" only — this is an exhaustive list; no other grounds are constitutionally valid
The address must be in the same session of both Houses
No Supreme Court judge has ever been removed through this process in Indian history; the Ramaswami case (1993) is the only instance where removal was attempted — it failed in the Lok Sabha
For the CEC: the same constitutional threshold applies — a majority of total membership AND two-thirds of those present and voting in each House

Connection to this news: The opposition needs to fulfil both numerical thresholds to even proceed. The Speaker and Rajya Sabha Chairman rejected the earlier notices likely on technical grounds — whether the numbers meet threshold requirements or whether the charges qualify as "proved misbehaviour" in form.

The Chief Election Commissioner and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 replaced the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. It was introduced in Rajya Sabha on August 10, 2023 and passed in the same year.

New appointment mechanism: The CEC and other ECs are appointed by the President on the recommendation of a Selection Committee consisting of: (i) the Prime Minister (Chairperson), (ii) the Leader of the Opposition in Lok Sabha, and (iii) a Union Cabinet Minister nominated by the Prime Minister
This new process replaced the earlier system where the executive (effectively the Prime Minister) had unchecked discretion in CEC appointments — there was no statutory mechanism previously
The Supreme Court in Anoop Baranwal v. Union of India (2023) directed Parliament to enact a law for CEC appointments; the 2023 Act is the legislative response
Removal procedure: The 2023 Act retains the constitutional removal procedure (same as SC judge, under Article 324(5) / Article 124(4)); removal of other ECs requires CEC's recommendation
CEC's term: 6 years or until age 65, whichever is earlier; cannot be reappointed

Connection to this news: The controversy over Gyanesh Kumar's functioning — and the opposition's removal attempts — test the robustness of the 2023 Act's independence design. Critics argue that since two of the three Selection Committee members represent the executive (PM + a Cabinet Minister), the appointment process still skews toward executive control.

Anoop Baranwal v. Union of India (2023) — Supreme Court Judgment on CEC Appointment

Before the 2023 Act, the CEC was appointed by the President on the sole advice of the Prime Minister — there was no statutory or constitutional framework beyond Article 324. In the landmark Anoop Baranwal case, a Constitution Bench of the Supreme Court held that until Parliament enacted a law, CEC appointments should be made on the recommendation of a committee comprising the Prime Minister, the Chief Justice of India, and the Leader of the Opposition.

The Supreme Court judgment came in March 2023 and was unanimous (5-0 bench)
The Court used the doctrine of constitutional silence: where the Constitution empowers Parliament to act but Parliament has not, the courts can fill the gap to protect constitutional values
The judgment was immediately superseded by the Chief Election Commissioners Act, 2023 — passed before the first appointment under the court-mandated mechanism could take place
The 2023 Act excluded the Chief Justice of India from the selection committee (replacing with a Cabinet Minister), drawing criticism that this diluted the independence safeguard the Supreme Court had prescribed

Connection to this news: The allegation that the CEC "acts under the executive's thumb" is directly traceable to this constitutional debate — whether the appointment mechanism under the 2023 Act sufficiently insulates the Election Commission from executive influence.

Key Facts & Data

Article 324(5): CEC's removal identical to Supreme Court judge under Article 124(4) — proved misbehaviour or incapacity + two-thirds majority in each House
Removal threshold: majority of total membership AND two-thirds of members present and voting, in each House of Parliament
No Supreme Court judge or CEC has ever been successfully removed through this constitutional procedure
The Ramaswami Case (1993): Only historical attempt at SC judge removal — the motion failed in Lok Sabha
CEC Gyanesh Kumar: Appointed under the Chief Election Commissioner and Other ECs Act, 2023 (new statutory framework)
Earlier removal notices: 130 MPs (Lok Sabha) + 63 MPs (Rajya Sabha) — rejected by presiding officers on procedural grounds
Opposition target for fresh notice: 200+ MP signatures for broader support
Selection Committee under 2023 Act: PM (Chair) + Leader of Opposition (Lok Sabha) + one Cabinet Minister nominated by PM
CEC term: 6 years or age 65, whichever is earlier; non-renewable
The 2023 Act replaced the Election Commission (Conditions of Service) Act, 1991
Anoop Baranwal v. Union of India (2023): Supreme Court 5-bench judgment mandating committee-based CEC appointment until Parliament acts