2 hrs ago
Rohatgi Says No Basis For Gyanesh Kumar Impeachment Move
The Opposition wants Parliament to consider removing Chief Election Commissioner Gyanesh Kumar.
This follows reports that two Election Commissioners raised concerns about some decisions and procedures.
Mukul Rohatgi, a former top government lawyer, said those concerns are not enough for impeachment.
He explained that the three Election Commission members have equal votes.
Members can disagree privately and still issue one final decision.
He compared this to judges who sometimes disagree before reaching a court ruling.
Rohatgi said disagreements can be a healthy part of democracy.
He also questioned why the internal notes were made public and why the Cabinet Secretary was involved.
The Constitution requires proved misconduct or inability, along with demanding majorities in both Houses of Parliament, to remove the CEC.
Former Attorney General Mukul Rohatgi said the Opposition's proposed impeachment move against Chief Election Commissioner Gyanesh Kumar has no constitutional basis.
The Opposition is preparing a removal notice after reports that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi raised internal objections.
Rohatgi said internal notes and disagreements cannot support impeachment because the Election Commission decides by majority.
He argued that disagreements within the three-member commission can reflect healthy democratic decision-making, especially when final orders are unanimous.
Under Article 324(5), removing the CEC requires parliamentary approval by specified majorities for proved misbehaviour or incapacity.
- Who
- Former Attorney General Mukul Rohatgi, Chief Election Commissioner Gyanesh Kumar, Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi, and the Opposition.
- What
- The Opposition is preparing a notice seeking Gyanesh Kumar's removal, while Rohatgi says the proposed impeachment lacks a constitutional basis.
- Where
- Rohatgi made the comments in an interview with NDTV.
- When
- The comments were made on Friday; the article does not specify the date.
- Why
- The proposed move follows reports that Sandhu and Joshi raised objections about Election Commission processes and decisions.
Opposition's Case
Rohatgi's Legal View
Basis for removal
Opposition's Case
The Opposition is preparing a fresh notice after reports that two Election Commissioners objected to internal processes and decisions.
Rohatgi's Legal View
Rohatgi said internal notes and disagreements are not proved misbehaviour or incapacity and therefore cannot support impeachment.
Meaning of internal disagreement
Opposition's Case
The reported objections are being treated as grounds for questioning the CEC's conduct and the Election Commission's functioning.
Rohatgi's Legal View
Rohatgi said disagreement is normal in a constitutional body and can be resolved through majority decisions and final unanimous orders.
Role of the Cabinet Secretary
Opposition's Case
The two commissioners reportedly wrote to the Cabinet Secretary about certain internal disagreements and work assignments.
Rohatgi's Legal View
Rohatgi said the Cabinet Secretary, as head of the executive and bureaucracy, has no role in the functioning of the constitutional Election Commission.
Key facts
- CEC
- Gyanesh Kumar
- Other commissioners
- Sukhbir Singh Sandhu and Vivek Joshi
- Rohatgi's position
- The reported allegations are vague and do not justify impeachment.
- Reported objections
- The two Election Commissioners reportedly sent 14 administrative notes to the CEC and wrote to the Cabinet Secretary.
- Decision-making
- The Election Commission said its decisions had ultimately been unanimous.
- Constitutional provision
- Article 324(5) governs removal of the Chief Election Commissioner.
- Removal threshold
- A motion must pass both Houses by a majority of total membership and a two-thirds majority of members present and voting.
Quotes
Mukul Rohatgi
Former Attorney General of India interviewed by NDTV
“The answer is an emphatic no. No impeachment motion can be moved on these kinds of allegations which are completely vague and which are bereft of any strong facts or reasons.”
NDTV
“Dissensions and discordant notes are a bedrock of democracy. It is healthy democracy.”
NDTV
Sources
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