Can CEC Gyanesh Kumar be removed? Impeachment Rules, Process and Past Attempts | Explained | Today’s news
The opposition plans to file a fresh impeachment notice against Chief Election Commissioner (CEC) Gyanesh Kumar, multiple media outlets reported, citing unnamed people familiar with the development.
The opposition’s new plan comes as the Election Commission (EC) faces increased scrutiny in the wake of an Indian Express investigation that revealed levels of dysfunction at the highest levels of the electoral body.
This would be the third such notice the opposition is planning against Kumar, who has been CEC since February 19, 2025. The opposition’s last notice, filed in the Rajya Sabha in April and signed by 73 MPs, is still pending.
Quick answers to key questions
•5 QUESTIONS
The CEC can be impeached on the basis of proven misconduct or incapacity, similar to Supreme Court judges under Article 124(4) of the Constitution.
There have been three attempts to file impeachment notices against CEC Gyanesh Kumar since he assumed office on February 19, 2025.
Impeachment proceedings can be initiated in either house of Parliament by a motion that must be signed by at least 100 MPs in the Lok Sabha and 50 in the Rajya Sabha, followed by a committee inquiry and a two-thirds majority vote in both houses.
Political pressure to remove CEC Kumar intensified following allegations of dysfunction within the Election Commission and allegations of his “partisan behaviour” during a particularly intensive revision of the electoral rolls.
No, there has never been a successful impeachment of a Chief Election Commissioner in India, including previous motions against CEC Kumar that were rejected by Parliament.
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The Indian Express, which investigated the series of reports, pointed out that two of CEC Kumar’s colleagues, commissioners Sukhbir Singh Sandhu and Vivek Joshi, had raised objections or complained of being in the dark on a range of issues, including matters related to the controversial Special Intensive Revision (SIR) of electoral rolls.
Two of the three members of the Election Commission, Sukhbir Singh Sandhu and Vivek Joshi, have raised objections at least 14 times in 10 months against decisions related to the introduction of SIR, according to an Indian Express report.
The investigation sparked a political row with the Congress party saying Gyanesh Kumar has no right to remain in office and must resign. Many leaders, including the Leader of the Opposition in the Lok Sabha, Rahul Gandhi, have called for Kumar’s removal and impeachment.
The Election Commission of Indiain its response to the Indian Express report, it defended its decision-making process, saying that different opinions and insights within the institution are a normal part of deliberation before making a final decision.
As the CEC is appointed, the CEC can be removed and any CEC has been removed in India, LiveMint explains.
How are election commissioners appointed?
Article 324 of the Constitution and the Central Election Commission and other election commissioners (appointment, conditions Service and Tenure Act) of 2023 contains provisions governing the appointment, tenure and removal of CECs.
The President appoints the CEC and election commissioners on the recommendation of a three-member selection committee consisting of the Prime Minister, the Leader of the Opposition (LoP) and one member of the union cabinet.
The appointment is made for a period of six years or until the age of 65, whichever is earlier. The CEC enjoys the same services and monetary benefits as judges Highest Court
How can CEC be removed?
The CEC appeal process is similar to that of the Supreme Court or a High Court judge, meaning that an impeachment can only be made on the basis of proven misconduct or incompetence.
Article 324(5) of the Constitution states that the CEC cannot be removed from office unless in a similar manner and for the same reasons as a judge High Courtand the service conditions of the CEC will not be changed to his disadvantage after his appointment.
This is also stated in Section 11(2) of the 2023 Act.
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According to Article 124, paragraph 4 Constitutionwhich contains a process for removing a Supreme Court judge, the CEC can only be removed “on the basis of proven misconduct or incapacity”.
Misbehavior can include any corrupt practices or abuse of office.
A motion to recall may be brought in either House of Parliament. For an impeachment motion to be passed, it must be signed by at least 100 MPs in the Lok Sabha and 50 in the Rajya Sabha.
Upon receipt, an investigation is conducted to verify the validity of the charges. This includes creating a commission to investigate evidence of misconduct or incompetence. The motion for recall must then be approved by a two-thirds majority “present and voting” in both chambers of parliament. Once passed successfully, the President orders the removal of the CEC.
According to the Act on the Appointment of the Central Election Commission and Election Commissioners, “the Central Election Commission may not be removed from office other than in a similar manner and for similar reasons as a judge of the Supreme Court” and other election commissioners may not be removed from office “except on the recommendation of the Central Election Commission”.
According to Magistrates (Inquiry) Act, 1968if notice of a motion is given on the same day in both Houses of Parliament, no committee shall be constituted unless the motion has been passed in both Houses.
After the bill has been passed in both the Houses, the Speaker of the Lok Sabha and the Speaker of the Rajya Sabha jointly constitute the committee.
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The committee will consist of Chief Justice of India (CJI) or a Judge of the Supreme Court, a Chief Justice of one of the 25 High Courts and an “Eminent Jurist”.
The proceedings of the committee are like any court proceedings with cross-examination of witnesses and the accused.
The ÚVK will also have the opportunity to speak before the committee.
As per the rule, once the committee submits its report, it will be tabled in the House and impeachment debates will begin.
Has any CEC been impeached in India?
No, CEC was never removed in India. In April this year, Parliament rejected motions to remove CEC Kumar presented in both houses by the opposition. Neither speaker gave any reason for their decisions and opposition leaders criticized the move.
The TMC led the opposition in tabling impeachment motions in the Lok Sabha and Rajya Sabha on 12 March, with 130 MPs signing the former and 63 MPs.
Read also | Opposition parties plan impeachment motion against CEC Gyanesh Kumar: Cong
CEC must be held accountable; he does not have the right to remain in office based on his actions.
Both motions referred to the Electoral Commission’s ongoing Special Intensive Review of Electoral Rolls (SIR) and alleged “partisan and discriminatory conduct” by the Central Election Commission and “obstruction of electoral fraud and SIR investigations”.
The April notification came after two separate notifications were tabled in the Lok Sabha and Rajya Sabha on March 12. The opposition accused Kumar of “improper conduct”. The March notices were rejected on April 6. The notification in the Rajya Sabha was signed by 63 MPs, while the notification in the Lok Sabha was signed by 130 MPs.
