Overview
The opposition has tabled impeachment notices in both houses of Parliament against Chief Election Commissioner (CEC) Gyanesh Kumar alleging partisan conduct and obstruction of the Special Intensive Revision (SIR) of electoral rolls. The move revives the constitutional provisions of Article 324 and the removal process for the CEC, a topic of high relevance for UPSC aspirants.
Key Developments
- Opposition submitted impeachment notices in Lok Sabha and Rajya Sabha on 20 March 2026.
- Charges include "partisan and discriminatory conduct" and "obstruction of investigation into electoral fraud and SIR".
- The notice triggers the removal procedure laid down in Article 324(5) and the 2023 Act.
- The parliamentary process mirrors the removal of a Supreme Court judge under the Judges (Inquiry) Act.
Important Facts
- Article 324(1) vests the superintendence, direction and control of all elections in the Election Commission.
- Article 324(2) states that the President appoints the CEC and other Election Commissioners, subject to any parliamentary law.
- Article 324(3) makes the CEC the Chairman of the Commission when other ECs are appointed.
- Article 324(4) allows the President, after consulting the Commission, to appoint Regional Commissioners for elections.
- Article 324(6) empowers the President or State Governor to provide staff to the Commission on its request.
- Removal of the CEC requires a parliamentary address after a three‑member committee (Supreme Court judge, High Court Chief Justice, distinguished jurist) finds misbehaviour or incapacity.
- The Anoop Baranwal case had earlier mandated a three‑member selection committee, but the 2023 Act replaced the CJI with a Union Cabinet Minister, prompting fresh legal challenges.
UPSC Relevance
This episode tests candidates' grasp of constitutional provisions governing independent constitutional bodies, especially the Election Commission. Understanding the removal mechanism (Article 324(5) and Judges (Inquiry) Act) is essential for GS Paper II (Polity). The 2023 Act’s deviation from the Supreme Court’s directive in the Anoop Baranwal case illustrates the dynamic between the judiciary, legislature and executive – a classic UPSC theme. Moreover, the role of Regional Commissioners and staff provisions under Article 324(6) highlight the administrative machinery of elections.
Way Forward
- Parliament must decide whether to admit the impeachment motion; if admitted, a three‑member inquiry committee will be formed.
- Any adverse finding will lead to a parliamentary address, which the President must act upon.
- The legal challenge to the 2023 Act’s selection committee composition may reach the Supreme Court, potentially reshaping the appointment process.
- For aspirants, monitor subsequent debates and judgments to gauge evolving interpretations of Article 324 and related statutes.