2 hrs ago
Opposition Seeks Gyanesh Kumar’s Removal Through Parliamentary Motion
The Opposition wants Parliament to consider removing Chief Election Commissioner Gyanesh Kumar.
They say they are preparing motions in both Houses of Parliament.
This follows reports that two other Election Commissioners criticized some decisions and procedures.
Removing a CEC is intentionally difficult.
The allegations must involve proved misbehavior or incapacity.
At least 100 Lok Sabha members or 50 Rajya Sabha members must sign for a motion to be admitted.
An inquiry committee must then examine the allegations.
Both Houses must approve the motion by a two-thirds majority of members present and voting.
No CEC has ever been removed through this process in India.
Congress sources said the joint Opposition is preparing motions in both Houses of Parliament to remove Chief Election Commissioner Gyanesh Kumar.
The proposed action follows reported internal criticism by Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi of some Election Commission processes and decisions.
Under Article 324, the CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge.
A removal motion must allege proved misbehavior or incapacity, secure signatures from at least 100 Lok Sabha MPs or 50 Rajya Sabha MPs, undergo an inquiry, and pass with a two-thirds majority of members present and voting in both Houses.
No Chief Election Commissioner has been impeached; earlier Opposition motions against Kumar, submitted in March, were rejected by the presiding officers of both Houses in April.
- Who
- The joint Opposition is seeking action against Chief Election Commissioner Gyanesh Kumar; Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi were also reported to have raised internal concerns.
- What
- The Opposition plans to submit motions seeking Kumar’s removal from office.
- Where
- The proposed motions would be submitted to both Houses of the Parliament of India.
- When
- Congress sources announced the planned motion on September 24; earlier motions were submitted on March 12 and rejected in April.
- Why
- The Opposition’s demand follows allegations concerning the Election Commission’s processes, including the Special Intensive Revision of electoral rolls and alleged partisan conduct.
Key facts
- Constitutional basis
- Article 324(5) requires the CEC to be removed in the same manner and on the same grounds as a Supreme Court judge.
- Permitted grounds
- Removal can occur only for proved misbehavior or incapacity.
- Signature threshold
- A motion requires at least 100 Lok Sabha signatures or 50 Rajya Sabha signatures to be admitted.
- Inquiry process
- If admitted, a committee investigates the evidence supporting the allegations.
- Voting requirement
- The motion must pass both Houses by a two-thirds majority of members present and voting.
- Previous removals
- No Chief Election Commissioner has been impeached in India.
- Earlier motions
- Opposition motions submitted on March 12, signed by 130 Lok Sabha MPs and 63 Rajya Sabha MPs, were rejected in April.
Quotes
A Congress source
A source cited by The Indian Express regarding the Opposition’s planned removal motion
“The motion is being drafted with legal experts and we’ll soon submit notices in both houses on behalf of joint Opposition”
indianexpress.com
Sources
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