Fresh motion to be moved seeking CEC’s removal

Good, I have enough grounded facts. Writing the note now.

1. At a Glance

• The Opposition is preparing a second, fresh motion to remove Chief Election Commissioner (CEC) Gyanesh Kumar, after its first attempt was rejected by both presiding officers [S1][S2].
• Tests the constitutional "same manner as a Supreme Court judge" removal procedure for the CEC under Article 324(5) — a high-value, rarely invoked mechanism, first-ever such motion against a sitting CEC [S3].
• Relevant for UPSC as it combines Polity (Election Commission, Art. 324), parliamentary procedure (impeachment-style motions), and current affairs (2026 electoral roll/SIR controversy).

2. Why in the News

• On 12 March 2026, Opposition MPs — 63 in Rajya Sabha, 130 in Lok Sabha — moved notices seeking CEC Gyanesh Kumar's removal [S4][article].
• On 6 April 2026, Rajya Sabha Chairman C.P. Radhakrishnan and Lok Sabha Speaker Om Birla rejected the notices; a 17-page order held that even taking allegations as true, they did not meet the constitutional threshold of "misbehaviour" and lacked proof [S2].
• As of 19 April 2026, the Opposition has decided to draft a fresh motion with new charges, aiming to increase signatory numbers this time [article].

3. Background & Evolution

• Article 324 of the Constitution vests "superintendence, direction and control" of elections in the Election Commission and provides that the CEC shall not be removed except in like manner and on like grounds as a judge of the Supreme Court.
• The governing statute today is The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, introduced in Rajya Sabha on 10 August 2023, replacing the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991 [S3].
• Removal requires a motion adopted by majority of total membership of each House and two-thirds of members present and voting, in the same session, followed by a Presidential order — mirroring the Supreme Court judge removal process under Article 124 [S1].
• Trigger for the current dispute: Opposition (led by Trinamool Congress) allegations of partisan conduct, obstruction of probes into electoral fraud, and concerns over the Special Intensive Revision (SIR) of electoral rolls [S4].

4. Core Static Facts

5. Multi-Dimensional Analysis

• Legal / Constitutional: Tests interpretation of "misbehaviour" as a removal ground under Art. 324(5)/124 — a term left undefined, giving presiding officers wide discretion in admitting/rejecting such motions [S1][S2].
• Governance / Ethical: Raises the perennial debate on ECI's institutional independence versus executive-appointment influence, especially post the 2023 Act's changed selection committee composition (excluding CJI).
• Administrative: Highlights procedural gatekeeping power of presiding officers — motions can be rejected at the notice stage itself without floor debate.
• Historical: First instance of a removal motion being formally moved against a sitting CEC in independent India's history, making it a precedent-setting episode [S4].
• Political: Reflects Opposition-ruling party friction over electoral roll revision (SIR) and alleged partisan conduct by ECI in recent (2025-26) State elections.

6. Recent Developments (last 12-18 months)

• 10 August 2023: CEC and Other ECs Bill, 2023 introduced in Rajya Sabha [S3].
• 12 March 2026: Opposition MPs file removal notices against CEC Gyanesh Kumar (63 RS + 130 LS) [S4].
• 6 April 2026: Both presiding officers reject the notices via a detailed 17-page order [S2].
• 19 April 2026: Opposition announces plan to move a fresh motion with new charges and more signatories [article].

7. Prelims Hooks

• CEC removal is governed by Article 324(5) of the Constitution.
• Removal procedure mirrors that for a Supreme Court judge (Article 124).
• Requires majority of total membership + two-thirds present and voting in both Houses in the same session.
• Current governing law: CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023.
• This 2023 Act repealed the Election Commission (Conditions of Service of ECs and Transaction of Business) Act, 1991.
• First removal motion against sitting CEC Gyanesh Kumar moved on 12 March 2026.
• Notices were signed by 193 MPs total (63 RS + 130 LS).
• Rejected by Rajya Sabha Chairman C.P. Radhakrishnan and Lok Sabha Speaker Om Birla on 6 April 2026.
• Rejection order ran to 17 pages, citing failure to meet the "misbehaviour" threshold.
• Fresh motion (as of 19 April 2026) is being drafted with new charges, seeking more signatories.
• Key allegation theme: Special Intensive Revision (SIR) of electoral rolls.

8. Mains Relevance

• GS-II: Polity & Governance — "Salient features of the Representation of People's Act," "Structure, organization and functioning of the Election Commission," Appointment and removal of constitutional authorities, comparison with judicial removal process.
• GS-II: Statutory, regulatory and quasi-judicial bodies — independence of ECI.
• Possible Mains stems: 1. "Discuss the constitutional safeguards for the removal of the Chief Election Commissioner and examine whether they are adequate to ensure institutional independence of the ECI." 2. "The 2023 Act on appointment of Election Commissioners has been criticised for diluting judicial oversight. Critically examine." 3. "Compare the removal procedure of the CEC with that of a Supreme Court judge. Does equating the two adequately protect the ECI's independence?"

9. Related Topics to Study Next

• Anoop Baranwal v. Union of India (2023) — SC judgment on EC appointments, precursor to the 2023 Act.
• CEC and Other ECs Act, 2023 — full provisions on appointment committee composition.
• Removal of Supreme Court/High Court judges (Art. 124, 218) — comparative process ("in-built" judge removal mechanism).
• Special Intensive Revision (SIR) of electoral rolls — the underlying controversy driving the motion.
• Article 324 — powers and functions of the Election Commission.
• Model Code of Conduct and ECI's quasi-judicial powers.
• Parliamentary motions and privilege — types of motions, admissibility rules of presiding officers.

10. Common Errors / Trap Areas

• Confusing CEC removal process (Art. 324(5), like a SC judge) with removal of ordinary Election Commissioners, who can be removed only on CEC's recommendation — not by the same impeachment-style process.
• Assuming the 2023 Act retained the CJI in the selection committee — it does not; committee comprises PM, Leader of Opposition, and a Cabinet Minister nominated by PM.
• Mixing up dates: first motion was 12 March 2026; rejection was 6 April 2026; fresh motion news is 19 April 2026 — don't conflate these into one event.
• Assuming presiding officers must give detailed public reasons — note conflicting reports; The Wire notes "no reason provided," while other reports cite a 17-page order — clarify that the order addressed the "misbehaviour" threshold even if initial reports said no reasons were given.

11. Sources

• [S1] Explainer: How a Sitting Judge Can Be Removed From Office — https://prsindia.org/articles-by-prs-team/explainer-how-a-sitting-judge-can-be-removed-from-office-398 — (tier: 1)
• [S2] Rajya Sabha Chairman, Lok Sabha Speaker reject opposition bid to impeach CEC Gyanesh Kumar | DD News — https://ddnews.gov.in/en/parliament-rejects-impeachment-notice-against-chief-election-commissioner/ — (tier: 1, Doordarshan/Govt news)
• [S3] The CEC and Other Election Commissioners Bill, 2023 — https://prsindia.org/billtrack/prs-products/prs-legislative-brief-4256 — (tier: 1)
• [S4] Signed by 193 MPs, Notice to Impeach CEC Gyanesh Kumar Rejected in Both Houses; No Reason Provided - The Wire — https://m.thewire.in/article/politics/signed-by-193-mps-notices-to-impeach-cec-gyanesh-kumar-rejected-no-reason — (tier: 4)
• [article] Fresh motion to be moved seeking CEC's removal — The Hindu — https://www.thehindu.com/todays-paper/2026-04-19/th_international/articleG0AFSCT6R-14289100.ece — (tier: 4)