2 hrs ago
CEC Gyanesh Kumar Faces Scrutiny Over Removal Motion
Some lawmakers want to begin a process to remove Chief Election Commissioner Gyanesh Kumar.
The notice has been waiting with the Rajya Sabha Chairman since April 24.
Derek O’Brien is asking for it to be taken up now.
More than 50 Rajya Sabha members have reportedly signed it, which is enough to start the process.
However, starting the process is easier than completing it.
The Constitution requires an inquiry and a two-thirds vote in both Houses for removal.
The 2023 law also protects election commissioners from civil or criminal cases over actions taken in their official work.
A Supreme Court challenge to that protection is still pending, according to the article.
A removal notice concerning Chief Election Commissioner Gyanesh Kumar has been pending with the Rajya Sabha Chairman since April 24.
Trinamool Congress leader Derek O’Brien has asked that the notice be moved now.
The motion reportedly has more than the 50 Rajya Sabha signatures required to initiate it.
Removing a CEC requires proven misconduct, an inquiry, and a two-thirds majority in both Houses of Parliament.
The 2023 law grants serving and former election commissioners lifelong protection from civil or criminal cases over official duties.
- Who
- Chief Election Commissioner Gyanesh Kumar, Trinamool Congress leader Derek O’Brien, Rajya Sabha Chairman, and Kapil Sibal are mentioned.
- What
- A removal notice concerning the Chief Election Commissioner is under scrutiny, while legal protections could affect a related FIR and the removal process.
- Where
- The notice is pending with the Rajya Sabha Chairman, and removal would require votes in both Houses of Parliament.
- When
- The notice has been pending since April 24; the year is not specified.
- Why
- Derek O’Brien wants the notice moved, but constitutional removal requirements and statutory immunity create significant legal barriers.
Removal Motion Advocates
Legal and Procedural Constraints
Moving the notice
Removal Motion Advocates
Derek O’Brien wants the pending notice moved, and the article says it has more than the required 50 Rajya Sabha signatures.
Legal and Procedural Constraints
Having enough signatures only starts the process; it does not ensure that the notice will succeed.
Removing the CEC
Removal Motion Advocates
Supporters of the motion can seek an inquiry into alleged misconduct through the constitutional procedure.
Legal and Procedural Constraints
Removal requires proven misconduct, an inquiry, and a two-thirds majority in both Houses, making completion difficult.
Possible FIR
Removal Motion Advocates
Kapil Sibal’s proposed FIR would seek legal action connected with the matter.
Legal and Procedural Constraints
Section 16 bars civil or criminal cases over official duties, and the article says this protection could prevent the FIR from proceeding.
Key facts
- Person under scrutiny
- Chief Election Commissioner Gyanesh Kumar
- Notice status
- Pending with the Rajya Sabha Chairman since April 24
- Request to proceed
- Derek O’Brien has asked that the notice be moved
- Signature threshold
- At least 50 Rajya Sabha MPs are required to move the motion
- Removal standard
- Proven misconduct, an inquiry, and a two-thirds vote in both Houses
- Legal protection
- Section 16 of the 2023 law protects serving and former CECs and Election Commissioners from civil or criminal cases over official duties
- Judicial challenge
- The Supreme Court has issued notice on a petition challenging the protection
Sources
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