73 Opposition MPs sign fresh notice to remove Gyanesh Kumar as CEC

What Happened

• Seventy-three members of the Rajya Sabha submitted a fresh notice to the Rajya Sabha Secretary-General seeking the removal of the Chief Election Commissioner on grounds of "proved misbehaviour."
• The notice listed nine new charges, including alleged partisan asymmetry in enforcing the Model Code of Conduct, disenfranchisement of voters through electoral roll revisions in certain states, and conduct described as unbecoming of a constitutional functionary.
• The charges specifically include concerns over mass deletion of voters from rolls during the Special Intensive Revision (SIR) process in West Bengal and Uttar Pradesh, and an incident involving the use of a state party unit's seal on an official Election Commission document in Kerala.
• This notice follows an earlier motion against the same constitutional officeholder; the earlier motion was rejected by both Houses of Parliament on April 6, 2026 — marking the first-ever impeachment proceedings initiated against a sitting Chief Election Commissioner in India's constitutional history.
• The Rajya Sabha Secretariat received the fresh notice on April 24, 2026; whether it will be admitted for debate is subject to procedural scrutiny.

Static Topic Bridges

Article 324(5) — 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 like manner and on the like grounds as a Judge of the Supreme Court. This is the strongest protection available to a constitutional functionary under Indian law.

Constitutional Protection: CEC vs. Other Election Commissioners — A Critical Distinction

The Constitution treats the Chief Election Commissioner differently from the other Election Commissioners in the matter of removal.

• Chief Election Commissioner: Can only be removed through the same parliamentary address procedure as a Supreme Court judge (Article 324(5)) — the highest constitutional protection available
• Other Election Commissioners: Can be removed on the recommendation of the Chief Election Commissioner — a much lower threshold with no parliamentary requirement

Election Commission (Constitutional) Amendment Act, 2023 — Appointment and Independence

The Election Commission (Constitutional) Amendment Act, 2023 significantly changed how Election Commissioners (including the CEC) are appointed, creating a new Selection Committee process.

Pre-2023 (old process): - The President appointed the CEC and Election Commissioners solely on the advice of the Cabinet (effectively the Prime Minister's recommendation), with no formal collegium or opposition role

Post-2023 (new process): - Appointments are made by a Selection Committee consisting of: 1. The Prime Minister (Chairperson) 2. A Union Cabinet Minister nominated by the Prime Minister 3. The Leader of the Opposition in the Lok Sabha (or, if no recognised LOP, the leader of the largest opposition party) - A Search Committee headed by the Law Minister prepares a panel of five names from which the Selection Committee chooses - The Act also changed the service conditions of ECs to be equivalent to the Cabinet Secretary (previously equivalent to SC Judge), a provision that was challenged in the Supreme Court

Constitutional background: Before this Act, the Supreme Court in Anoop Baranwal v. Union of India (2023) directed that a three-member committee comprising the PM, the Chief Justice of India, and the LOP should oversee appointments — Parliament passed the 2023 Act overriding this direction by substituting a Cabinet Minister for the Chief Justice.

Historical Context: ECI, T.N. Seshan, and the Evolution of Electoral Oversight

The Election Commission of India was established as a constitutional body under Article 324 in 1950. Its independence has been shaped as much by institutional practice as by constitutional text.

Key milestones: - 1990–96: T.N. Seshan era — The CEC vigorously enforced the Model Code of Conduct, deferred elections where violence or irregularities were reported, and expanded voter ID card rolls. This period established the MCC as a genuine enforcement mechanism - 1993: Parliament amended the law to make the Election Commission multi-member (adding two Election Commissioners alongside the CEC), a step some scholars view as intended to dilute the CEC's individual authority - Article 324(1): Vests the superintendence, direction, and control of elections to Parliament, state legislatures, and the offices of President and Vice-President in the Election Commission

Key Facts & Data

• Article 324(5): CEC removable only in same manner as Supreme Court judge — proved misbehaviour or incapacity
• Majority required: Absolute majority (majority of total membership) AND special majority (two-thirds of members present and voting) in EACH House
• Article 124(4): Removal procedure for Supreme Court judges — identical mechanism adopted for CEC
• Other ECs: Removed only on CEC's recommendation (Article 324(5) proviso) — no parliamentary procedure required
• Election Commission (Constitutional) Amendment Act 2023: Selection Committee now comprises PM, a Cabinet Minister (PM's nominee), and Leader of Opposition — CJI excluded
• First-ever: The April 2026 motion against the sitting CEC was the first impeachment proceeding initiated in India's constitutional history; earlier motion rejected by Parliament on April 6, 2026
• Fresh notice (April 24, 2026): Signed by 73 Rajya Sabha members; lists 9 charges including MCC asymmetry, voter disenfranchisement, and conduct unbecoming of a constitutional functionary
• Constitutional bodies removed via parliamentary address: CEC, Comptroller & Auditor General (Article 148), Supreme Court judges (Article 124), High Court judges (Article 217), UPSC Chairperson and members (Article 317)
• Tenure of CEC: Six years from date of assumption of office, or until age 65 — whichever is earlier (under the 2023 Act)