Opposition parties move fresh motion in Rajya Sabha seeking removal of CEC

Enough grounded facts gathered. Writing the study note now.

1. At a Glance

• Opposition parties in the Rajya Sabha filed a fresh notice for removal of Chief Election Commissioner (CEC) Gyanesh Kumar, alleging partisan conduct [S4].
• Tests a UPSC aspirant's grasp of ECI's constitutional independence, the removal procedure of the CEC (judge-equivalent safeguard), and current Centre–Opposition–ECI friction over electoral conduct.
• Ties together GS-II themes: constitutional bodies, separation of powers, and checks on independent institutions.
• Relevant precedent-setting event — first such large-scale (73-member) notice against a sitting CEC in recent memory.

2. Why in the News

• On Friday, 24 April 2026 (reported 25 April 2026), Opposition MPs submitted a 13-page notice to the Rajya Sabha Secretary-General seeking CEC Gyanesh Kumar's removal [S4].
• Moved by Jairam Ramesh (Congress) and Sagarika Ghose (Trinamool Congress), signed by 73 Opposition MPs in the Upper House [S4].
• Nine charges cited, drawing examples from West Bengal, Tamil Nadu, Kerala, and Uttar Pradesh [S4].
• Notice invoked Article 324(5) read with Article 124(4) and Section 11(2) of the CEC (Appointment, Conditions of Service and Term of Office) Act, 2023 [S4].

3. Background & Evolution

• Article 324 of the Constitution vests "superintendence, direction and control" of elections in the Election Commission of India (ECI); Article 324(5) protects the CEC's tenure, removable "in like manner and on the like grounds as a Judge of the Supreme Court" [S1][S2].
• Article 124(4) lays down the judge-removal process: a motion needs special majority — majority of total membership plus two-thirds of members present and voting — in each House in the same session [S1][S2].
• 2023: Supreme Court's Anoop Baranwal judgment prompted the government to legislate on CEC/EC appointment; CEC and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 introduced in Rajya Sabha on 10 August 2023 [S1].
• Section 11 of the resultant CEC Act, 2023 reiterates that the CEC's removal grounds/manner mirror those for a Supreme Court judge — protecting against dilution via ordinary process [S2].
• Procedural mechanics of impeachment-style inquiry draw from the Judges (Inquiry) Act, 1968 framework [S2].
• Only two grounds permissible: "proved misbehaviour or incapacity" [S2].

4. Core Static Facts

5. Multi-Dimensional Analysis

Legal / Constitutional - Removal of CEC is deliberately made as rigorous as removing a Supreme Court judge to insulate the office from executive/legislative pressure [S1][S2]. - A Rajya Sabha "notice" is only the first procedural step; it does not automatically trigger a formal motion/inquiry unless admitted by the Chairman [S1]. - Special majority requirement makes actual removal via this route practically very difficult, given Opposition's numerical strength in Rajya Sabha alone.

Ethical / Governance - Charges allege "asymmetrical enforcement" of the Model Code of Conduct and "institutional proximity" to the ruling party — going to the heart of ECI's perceived neutrality [S4]. - Raises the broader governance question of oversight/accountability mechanisms for a constitutional authority once appointed.

Administrative - Allegations include "illegal abuse" of power in transfer/posting of bureaucrats (Tamil Nadu) and "mass disenfranchisement" claims (West Bengal, Uttar Pradesh) — touching ECI's field-level administrative control over poll machinery [S4].

Historical - First major cross-party removal notice against a sitting CEC in the post-2023 Act era, testing an untested constitutional pathway.

6. Recent Developments (last 12–18 months)

• 10 August 2023: CEC and Other ECs Bill, 2023 introduced in Rajya Sabha [S1].
• 2023 (subsequent): Bill passed and enacted as CEC Act, 2023, codifying appointment/removal conditions [S1][S2].
• 24 April 2026: Fresh Opposition notice for CEC Gyanesh Kumar's removal submitted to Rajya Sabha Secretary-General, alleging partisan conduct across four states [S4].

7. Prelims Hooks

• CEC removable only "in like manner and on like grounds" as a Supreme Court judge — Article 324(5) [S1].
• Removal grounds restricted to "proved misbehaviour or incapacity" [S2].
• Special majority = majority of total membership + 2/3 of members present and voting [S1][S2].
• Motion must pass in the same session in both Houses.
• CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Bill, 2023 introduced in Rajya Sabha on 10 August 2023 [S1].
• Section 11(2) of CEC Act, 2023 governs removal grounds/manner [S2][S4].
• Removal inquiry procedure modeled on Judges (Inquiry) Act, 1968 [S2].
• 2026 notice against CEC Gyanesh Kumar signed by 73 Rajya Sabha Opposition MPs [S4].
• Notice moved by Jairam Ramesh (Congress) and Sagarika Ghose (Trinamool Congress) [S4].
• Notice cited examples from West Bengal, Tamil Nadu, Kerala, Uttar Pradesh [S4].
• Nine charges leveled, including "asymmetrical enforcement" of Model Code of Conduct [S4].
• CEC and Other ECs Act, 2023 followed Supreme Court's Anoop Baranwal ruling on EC appointments [S1].

8. Mains Relevance

• GS-II: Constitutional bodies — Election Commission of India; Statutory, regulatory and quasi-judicial bodies; Separation of powers.
• GS-II: Salient features of the Representation of People's Act; Appointment/removal safeguards for constitutional authorities.
• Possible question stems:
• "Discuss the constitutional safeguards available to the Chief Election Commissioner against removal. How do these compare with those for Supreme Court judges?" (GS-II)
• "Examine the recent controversy over alleged partisan conduct by the Election Commission of India. Does the current removal mechanism strike the right balance between accountability and institutional independence?" (GS-II)
• "Critically analyze the Chief Election Commissioner and Other Election Commissioners Act, 2023 in light of the Supreme Court's Anoop Baranwal judgment." (GS-II)

9. Related Topics to Study Next

• Anoop Baranwal v. Union of India (2023) — SC judgment that triggered the CEC Act, 2023.
• Model Code of Conduct — enforcement mechanism ECI is accused of applying asymmetrically.
• Removal of Supreme Court/High Court judges — comparative constitutional process (Article 124(4), Judges Inquiry Act, 1968).
• Composition and appointment of Election Commissioners — Selection Committee under CEC Act, 2023.
• Anti-defection and electoral bureaucracy transfers — administrative control disputes (relevant to Tamil Nadu charge).
• T.N. Seshan era reforms — historical precedent of CEC assertiveness/independence debates.
• Federalism and Centre-State relations in election administration — West Bengal/Kerala/UP friction points.

10. Common Errors / Trap Areas

• Confusing a "notice" for removal with an actual impeachment motion — a notice must first be admitted/examined before any formal process begins.
• Mixing up Article 324(5) (CEC tenure/removal safeguard) with Article 324(1) (ECI's general superintendence power).
• Assuming the CEC Act, 2023 created new removal grounds — it merely reiterates the existing Article 124(4) judge-removal standard.
• Forgetting that Election Commissioners (other than CEC) do NOT enjoy the same removal safeguard — they can be removed on CEC's recommendation.
• Misattributing the Anoop Baranwal case's subject — it concerned the appointment process, not removal.

11. Sources

• [S1] The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 — https://prsindia.org/billtrack/the-chief-election-commissioner-and-other-election-commissioners-appointment-conditions-of-service-and-term-of-office-bill-2023 — (tier: 1)
• [S2] Removal of the Chief Election Commissioner and Independence of the Election Commission — https://plutusias.com/removal-of-the-chief-election-commissioner-and-independence-of-the-election-commission/ — (tier: 4)
• [S3] 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)
• [S4] Opposition parties move fresh motion in Rajya Sabha seeking removal of CEC — The Hindu, 25 April 2026 — https://www.thehindu.com/todays-paper/2026-04-25/th_international/articleGGLFT9172-14363082.ece — (tier: 4)