8. Constitutional Crisis: Notice for Removal of Chief Election Commissioner

• Unprecedented Legislative Move: For the first time in Indian parliamentary history, 193 MPs from the INDIA bloc have submitted a formal notice in both Houses of Parliament seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar. • Grounds of Impeachment: The 10-page notice lists seven specific charges, including \'partisan and discriminatory conduct,\' \'deliberate obstruction of investigations into electoral fraud,\' and allegations of \'mass disenfranchisement\' during the Special Intensive Revision (SIR) of electoral rolls. • Numerical Threshold Met: The opposition has secured 130 signatures in the Lok Sabha (requirement: 100) and 63 in the Rajya Sabha (requirement: 50), comfortably meeting the statutory requirements under the Judges (Inquiry) Act, 1968. • Allegations regarding SIR: Opposition parties allege that the Special Intensive Revision of voter lists in states like West Bengal and Bihar was manipulated to benefit the ruling party, leading to a breakdown of trust between the Commission and the Opposition. • Procedural Complexity: Since the notice was submitted in both Houses simultaneously, an inquiry committee can only be formed if the motion is admitted by both the Speaker of the Lok Sabha and the Chairman of the Rajya Sabha.  • Institutional Integrity: The move highlights a deepening rift in the Indian democratic setup, where the neutrality of the Election Commission—a \'bulwark of democracy\'—is being formally challenged through constitutional mechanisms. Key Definitions • Chief Election Commissioner (CEC): The administrative head of the Election Commission of India, a body constitutionally empowered to conduct free and fair elections to the Parliament and State Legislatures. • Special Intensive Revision (SIR): A rigorous process of updating electoral rolls, including adding new voters and deleting duplicates or deceased entries, usually conducted before major elections. • Motion of Removal: A formal proposal moved in Parliament to remove a high constitutional functionary on grounds of \'proved misbehaviour or incapacity.\' Constitutional & Legal Provisions • Article 324(5): Stipulates that the CEC cannot be removed from office except in the \'like manner and on like grounds\' as a Judge of the Supreme Court. This provides the CEC with a security of tenure higher than that of the other Election Commissioners. • Article 124(4): Outlines the removal process for a Supreme Court Judge, which requires an order of the President passed after an address by each House of Parliament supported by a majority of the total membership and a majority of not less than two-thirds of the members present and voting. • Judges (Inquiry) Act, 1968: Regulates the procedure for the investigation and proof of the misbehaviour or incapacity of a judge. It mandates the creation of a three-member committee (comprising a SC judge, a Chief Justice of a High Court, and a distinguished jurist) to investigate the charges once a motion is admitted. • The CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023: The latest legal framework governing the appointment process of the commission, which has recently been a point of contention regarding executive influence. Additional Key Points for Examination • Security of Tenure: While the CEC enjoys protection under Article 324(5), other Election Commissioners (ECs) do not have the same constitutional safeguard; they can be removed on the recommendation of the CEC. • Role of the Speaker/Chairman: The presiding officers have the discretionary power to admit or refuse the motion. If admitted, they must jointly constitute an inquiry committee. • Historical Context: While motions for the removal of High Court and Supreme Court judges have been initiated in the past (e.g., Justice V. Ramaswami, Justice Soumitra Sen), this is the first instance involving the head of the Election Commission. Conclusion The submission of a removal notice against the CEC signifies a critical juncture for India\'s electoral democracy. While the threshold for actual removal is extremely high—requiring a \'special majority\' that the opposition currently lacks—the move serves as a powerful \'political check\' on the executive. It underscores the necessity for the Election Commission to not only be independent but also be perceived as independent to maintain the sanctity of the \'First Past the Post\' system. UPSC Relevance • GS Paper II: Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies; Parliament and State Legislatures—structure, functioning, conduct of business, and issues arising out of these. • GS Paper IV (Ethics): Integrity and impartiality of civil servants and constitutional heads; Ethical issues in governance and elections. • Prelims Link: Article 324, Article 124(4), Judges (Inquiry) Act 1968, difference between the removal of CEC and ECs, and the numerical requirements for moving a removal motion in Lok Sabha vs. Rajya Sabha.