Rejection of Impeachment Motion Against CEC
Context:
The Rajya Sabha Chairman and the Lok Sabha Speaker recently rejected notices moved by Opposition MPs seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar.
The detailed 17-page order concluded that the Opposition failed to provide proof and the allegations did not establish a prima facie case of "misbehaviour".
Constitutional and Legal Provisions:
The impeachment notices were submitted on March 12, 2026, signed by 130 Lok Sabha members and 63 Rajya Sabha members.
The notice invoked Article 324(5) read with Article 124(4) of the Constitution, which dictate that a CEC can only be removed from office in a manner and on the like grounds as a Judge of the Supreme Court.
The removal proceedings also invoked the Chief Election Commissioner and Other Election Commissioners Act, 2023, and the Judges (Inquiry) Act, 1968.
The presiding officers exercised their powers under Section 3 of the Judges (Inquiry) Act, 1968, which allows the Speaker or Chairman to refuse admission of such a motion after a careful, objective assessment.
Constitutional grounds for removal
Under Article 324(5) of the Indian Constitution, the CEC can be removed only on:
Proved misbehaviour
Incapacity
Grounds for Dismissal of Charges:
The presiding officers held that the charges did not meet the "high constitutional bar" necessary for removal.
The allegation that the CEC's appointment was "tainted" because the 2023 Act was under challenge in the Supreme Court was dismissed.
The order noted that mere pendency of a constitutional challenge does not amount to misbehaviour.
The accusation of refusing to provide machine-readable electoral rolls to political parties was dismissed, as the refusal was held to be in strict compliance with existing Supreme Court directions.
Regarding issues over the Special Intensive Revision (SIR) of electoral rolls, the order observed that the EC exercises plenary powers under Article 324, a competence that the Supreme Court has already affirmed.