Opposition MPs move fresh motion seeking removal of CEC Gyanesh Kumar

Seventy-three Rajya Sabha members of Parliament submitted a fresh notice seeking a motion for the removal of the Chief Election Commissioner (CEC), accusing ...

What Happened

Seventy-three Rajya Sabha members of Parliament submitted a fresh notice seeking a motion for the removal of the Chief Election Commissioner (CEC), accusing the incumbent of acting in a partisan manner.
The notice was submitted to the Chairman of the Rajya Sabha, who is the Presiding Officer of the Upper House.
The motion follows concerns raised by opposition parties about the impartiality of the Election Commission of India in conducting electoral processes.
This is a rare constitutional exercise — no CEC has ever been successfully removed from office since India's independence in 1947.

Static Topic Bridges

Article 324 — The Election Commission of India

Article 324 of the Constitution of India vests superintendence, direction, and control of the preparation of electoral rolls, and the conduct of all elections to Parliament, State Legislatures, and the offices of the President and Vice-President, in the Election Commission of India (ECI). The ECI is a constitutional body, not a statutory one — its existence and core powers derive directly from Part XV (Elections) of the Constitution. Article 324(1) to 324(6) covers the ECI's composition, appointment, conditions of service, and protection from removal.

Article 324(1): Superintendence, direction, and control of elections vested in the ECI.
Article 324(2): The Commission shall consist of the CEC and such number of ECs as the President may from time to time fix.
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.
Article 324(5) also provides that an EC (other than the CEC) shall not be removed except on the recommendation of the CEC — a key asymmetry that protects the CEC while giving the CEC power over other ECs.
Part XV (Articles 324–329A) covers all constitutional provisions related to elections.

Connection to this news: The motion for removal invokes the constitutional protection under Article 324(5), which sets a very high bar for CEC removal — the same as removing a Supreme Court judge.

Procedure for Removal of the CEC — Article 324(5) and the Judges Inquiry Act, 1968

Article 324(5) stipulates that the CEC may be removed only in the same manner and on the same grounds as a Judge of the Supreme Court. The removal of a Supreme Court judge is governed by Article 124(4) of the Constitution, which requires an address by each House of Parliament supported by a special majority — a majority of the total membership of each House AND a two-thirds majority of members present and voting. The Judges Inquiry Act, 1968, provides the procedural framework, including the constitution of a three-member investigation committee (comprising a Supreme Court judge, a High Court Chief Justice, and a distinguished jurist) to investigate charges before the motion is voted upon.

Grounds for removal: Proved misbehaviour or incapacity (same as for Supreme Court judges under Article 124(4)).
Motion initiation threshold: In Rajya Sabha — signed by at least 50 members; in Lok Sabha — signed by at least 100 members.
Special majority required: Majority of total membership of each House AND two-thirds of members present and voting — must pass in both Houses.
Investigation committee under Judges Inquiry Act, 1968: Three members — one Supreme Court judge, one High Court Chief Justice, one distinguished jurist — appointed by the Speaker/Chairman.
No CEC has ever been removed since independence (1947).

Connection to this news: The 73-member notice meets the 50-member threshold required for initiating a motion in the Rajya Sabha. However, the motion's success requires investigation, committee report, and a special majority in both Houses — a high constitutional bar designed to protect institutional independence.

The Chief Election Commissioner and Other Election Commissioners Act, 2023 — A New Layer

Prior to the 2023 Act, the appointment of the CEC and ECs was governed solely by Article 324(2) — the President appointed them, effectively on the advice of the Council of Ministers (Cabinet). In March 2023, the Supreme Court (in Anoop Baranwal v. Union of India) mandated that appointments be made on the recommendation of a committee comprising the Prime Minister, the Leader of Opposition in Lok Sabha, and the Chief Justice of India — until Parliament enacted a law. Parliament subsequently enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 (effective January 2, 2024), which replaced the Chief Justice of India in the selection committee with a Union Cabinet Minister nominated by the Prime Minister.

Act enacted: 2023; came into force: January 2, 2024.
Selection Committee under the 2023 Act: (i) Prime Minister, (ii) a Union Cabinet Minister nominated by PM, (iii) Leader of Opposition in Lok Sabha (or leader of largest opposition party).
Supreme Court's mandated committee (March 2023): PM + Leader of Opposition + Chief Justice of India — the 2023 Act removed the CJI from this committee.
Salary of CEC/ECs under the new Act: Equivalent to Cabinet Secretary (not Supreme Court judge as it was under the previous arrangement).
Tenure: Six years or until age 65, whichever is earlier; no reappointment.
The 2023 Act has been challenged in the Supreme Court; petitions pending.

Connection to this news: The removal motion gains political salience because the appointment process itself is disputed — critics argue the 2023 Act's Selection Committee composition, which excludes the CJI, weakens the independence of the appointment process, making the removal motion part of a broader debate about ECI autonomy.

Election Commission's Independence — Institutional Design

The framers of the Constitution deliberately placed the ECI outside the executive structure to ensure free and fair elections — considered the foundation of democratic governance. The constitutional protection for the CEC (removal only through special majority, same as a Supreme Court judge) reflects this design choice. However, ECs (other than the CEC) enjoy lesser protection — they can be removed on the CEC's recommendation, without the parliamentary special majority requirement. This asymmetry was highlighted in the Anoop Baranwal judgment.

The ECI is a multi-member commission (currently three members: CEC + two ECs).
Free and fair elections are considered part of the Basic Structure of the Constitution (Indira Nehru Gandhi v. Raj Narain, 1975).
The Representation of the People Act, 1950, and the Representation of the People Act, 1951, are the key statutes governing elections in India — distinct from the constitutional provisions.

Connection to this news: The removal motion, even if it does not succeed, has institutional significance — it draws public attention to questions of electoral impartiality and tests constitutional safeguards designed to insulate the ECI from political pressure.

Key Facts & Data

73 Rajya Sabha MPs signed the removal notice (threshold for Rajya Sabha initiation: 50 members).
Constitutional provision: Article 324(5) — CEC removable only in same manner and on same grounds as a Supreme Court judge.
Removal procedure: Article 124(4) read with Judges Inquiry Act, 1968.
Special majority needed: Majority of total membership + two-thirds of members present and voting in BOTH Houses.
No CEC has ever been removed since independence.
Chief Election Commissioner and Other Election Commissioners Act, 2023: came into force January 2, 2024.
Selection Committee under 2023 Act: PM + Cabinet Minister (PM's nominee) + Leader of Opposition.
Supreme Court's 2023 mandated committee (Anoop Baranwal case): PM + Leader of Opposition + Chief Justice of India.
CEC/EC tenure: Six years or 65 years of age, whichever is earlier; no reappointment.