The recent expose by The Indian Express has put the Chief Election Commissioner (CEC) Gyanesh Kumar under intense political pressure. Opposition parties have moved to remove him, citing objections recorded by two other Election Commissioners. The episode revives long‑standing debates on how the Election Commission of India (ECI) is appointed and how its members can be held accountable.
Key Developments (September 2026)
- Opposition parties demanded the removal of CEC Gyanesh Kumar after an expose revealed 14 recorded objections by Commissioners Sukhbir Singh Sandhu and Vivek Joshi.
- The Supreme Court is hearing challenges to the 2023 Act that altered the appointment mechanism prescribed in the Anoop Baranwal case.
- A Division Bench delivered a split verdict on whether the case should be referred to a Constitution Bench, keeping the legal battle alive.
- Questions are being raised about the scope of Section 16 – whether it shields a CEC from arrest.
Important Facts
Constitutional Basis: Article 324 gives the President power to appoint the CEC and other Commissioners, subject to parliamentary law.
Supreme Court Intervention (2023): In Anoop Baranwal, the Court directed a temporary three‑member committee (PM, Leader of Opposition, CJI) for appointments until Parliament legislated.
Parliamentary Response (2023 Act): The 2023 Act created a Selection Committee (PM, Leader of Opposition, a Union Cabinet Minister) and a Search Committee headed by the Union Law Minister.
Removal Procedure: Under Article 324(5), a CEC can be removed only like a Supreme Court judge—by a special majority in both Houses and presidential order, as per the Judges (Inquiry) Act, 1968. Other Commissioners can be removed only on the CEC’s recommendation.
Exam Relevance
Understanding the appointment and removal mechanisms of the ECI is essential for GS 2 (Polity). The case illustrates the interplay between the judiciary, legislature, and executive in safeguarding institutional independence. Questions on Section 16 also touch upon constitutional limits on executive power and the doctrine of separation of powers.
Way Forward
- Await the Supreme Court’s decision on whether the 2023 Act’s Selection Committee composition is constitutional.
- Parliament may need to amend the 2023 Act to restore the CJI’s role, aligning with the Anoop Baranwal directive.
- Political parties should use the constitutional removal process rather than extra‑legal calls for arrest, respecting the safeguards in Article 324 and the Judges (Inquiry) Act.