Opposition parties are preparing to submit an impeachment notice against Chief Election Commissioner Gyanesh Kumar in Parliament, a step that could deepen an already fraught standoff between the ruling National Democratic Alliance and the INDIA bloc over the conduct and independence of the Election Commission.Leaders from several opposition parties confirmed that consultations are under way to gather the required number of signatures to initiate the process in either House. The proposed notice centres on allegations of bias and questions over decisions taken by the Commission under Kumar’s tenure, though the Commission has maintained that its actions remain within the constitutional framework and established norms.
Gyanesh Kumar, a former bureaucrat who assumed office as Chief Election Commissioner earlier this year after serving as an Election Commissioner, heads the three-member body responsible for overseeing national and state polls. His appointment followed the retirement of Rajiv Kumar, and came amid debate over the process by which election commissioners are selected. A new law enacted last year replaced the earlier convention-led system with a selection committee comprising the Prime Minister, a Union Cabinet minister and the Leader of the Opposition in the Lok Sabha, altering the composition recommended by the Supreme Court in a 2023 judgment.
Opposition figures argue that the revised selection mechanism tilts the balance in favour of the executive, potentially undermining institutional autonomy. They have cited specific decisions related to scheduling of elections, enforcement of the Model Code of Conduct and handling of complaints as grounds for their discontent. Some leaders have alleged uneven enforcement against opposition campaigners while ruling alliance leaders faced fewer restrictions, a charge rejected by government representatives.
Under Article 324 of the Constitution, the Election Commission is vested with the “superintendence, direction and control” of elections. However, the removal of the Chief Election Commissioner mirrors the process applicable to a judge of the Supreme Court, requiring a special majority in both Houses of Parliament on grounds of “proved misbehaviour or incapacity”. Election Commissioners can be removed on the recommendation of the Chief Election Commissioner. Legal scholars note that the high threshold was designed to insulate the office from political pressure.
To move an impeachment motion, at least 100 members in the Lok Sabha or 50 members in the Rajya Sabha must sign a notice, which is then subject to the presiding officer’s admission. If admitted, a three-member inquiry committee is constituted to examine the charges. Only if the committee finds merit can the motion be taken up for debate and voting. Given the ruling alliance’s strength in the Lok Sabha and its significant presence in the Rajya Sabha, securing the required special majority would pose a formidable challenge for the opposition.
Government leaders have described the proposed move as politically motivated, asserting that the Election Commission has acted in accordance with law and precedent. They have pointed to the Commission’s record in conducting large-scale polls, including assembly elections across multiple states, as evidence of administrative competence and neutrality. Senior figures within the NDA have argued that differences over electoral outcomes should not translate into attempts to target constitutional authorities.
The INDIA bloc, an alliance of opposition parties formed ahead of the general election cycle, views the move as a statement on institutional accountability. Its leaders contend that raising concerns within Parliament is part of democratic oversight and does not equate to undermining the constitutional body. They have also drawn attention to earlier debates over electronic voting machines, voter roll revisions and campaign finance transparency, issues that have fuelled mistrust between political rivals.
Election experts caution that while Parliament has the authority to initiate removal proceedings, such steps are rare and carry significant political implications. No Chief Election Commissioner has been removed through impeachment since the Commission’s establishment. Past controversies, including disputes during high-stakes elections, have not culminated in successful removal efforts, underscoring the gravity of the present proposal.