New Delhi – A coalition of opposition parties has submitted a fresh notice seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar. The move comes as part of ongoing scrutiny regarding the independence of the Election Commission of India (ECI) and the process by which election commissioners are appointed.

The notice, filed by members primarily from the INDIA bloc, targets CEC Kumar following his appointment under the provisions of the Election Commissioner (Appointment, Conditions of Service and Term of Office) Act, 2023. The opposition alleges that this new legislation undermines the autonomy of the electoral body by altering the composition of the selection committee responsible for appointing election commissioners. This action represents a renewed effort to challenge the legitimacy of recent appointments to the ECI.

The core of the opposition's concern stems from the changes introduced by the 2023 Act. Previously, a selection committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India (CJI) recommended names for election commissioner positions. However, the new law replaced the Chief Justice of India with a Union Cabinet Minister nominated by the Prime Minister. This alteration has led to accusations that the executive now holds undue influence over the appointment process, potentially compromising the ECI's impartiality.

  • Key points regarding the 2023 Election Commissioner Act:
    • Previous Committee: Prime Minister, Leader of the Opposition, Chief Justice of India.
    • New Committee: Prime Minister, Leader of the Opposition, Union Cabinet Minister (nominated by PM).
    • Impact: Shifts balance of power in favor of the executive in the selection process.

The notice for removal follows similar legal challenges and parliamentary interventions regarding the appointments made under the 2023 Act. Concerns were initially raised after the resignations of Election Commissioner Arun Goel in March 2024 and Anup Chandra Pandey's retirement, which created vacancies. Gyanesh Kumar and Sukhbir Singh Sandhu were subsequently appointed as Election Commissioners in March 2024 under the new framework.

The procedure for removing a Chief Election Commissioner is stringent, mirroring the process for removing a Supreme Court judge. It requires a motion supported by a majority of the total membership of both Houses of Parliament and by a majority of not less than two-thirds of the members present and voting. This complex process involves detailed parliamentary debate and scrutiny, focusing on proven misbehaviour or incapacity.

The filing of this notice signals continued political tension surrounding India's electoral watchdog ahead of future elections. It underscores the broader debate about institutional independence and the checks and balances vital for a robust democratic framework. The presiding officers of Parliament will now review the admissibility of the notice, which could potentially lead to further parliamentary discussion or formal proceedings, should it meet the required procedural thresholds.