Impeachment Challenge: Can Chief Election Commissioner Be Removed?

Opposition parties threaten to impeach Chief Election Commissioner Gyanesh Kumar and two election commissioners if the INDIA bloc assumes power. The law, however, protects them from legal action for decisions taken in office. Judicial removal procedures for CEC akin to removing a Supreme Court judge.

The looming threat from opposition parties to impeach Chief Election Commissioner Gyanesh Kumar raises questions regarding the legal avenues available for his removal. With the INDIA bloc eyeing power, the potential action against Kumar and two election commissioners hinges on established legal protections and procedures.

Under the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the Chief Election Commissioner and Election Commissioners are safeguarded from legal action regarding decisions made during their tenure. Clause 16 expressly provides immunity, underscoring that no court can pursue civil or criminal proceedings against them for actions undertaken in their official capacity.

The current political tension escalated after Congress leader Rahul Gandhi issued a stern warning of action against alleged electoral misconduct. However, legal provisions complicate the removal process, with the CEC's dismissal requiring procedures identical to the removal of a Supreme Court judge, including a significant parliamentary majority to pass a motion.

(With inputs from agencies.)