MECHANICS OF IMPEACHMENT

Amid the Opposition’s high-octane rhetoric over the allegations of ‘vote theft’, reports point towards the fact that INDIA bloc parties may move for an impeachment motion in the Monsoon Session of Parliament against Gyanesh Kumar, the Chief Election Commissioner (CEC).If initiated, this move would clearly mark a rare test of the statute safeguards around the poll body. However, the million-dollar question which is doing the rounds is whether the CEC can actually be impeached and if so, how likely is it?

All this talk about impeachment etc and the corresponding debate gathered the much-needed steam after Rahul Gandhi accused the Election Commission of presiding over “vote theft” in the 2024 Lok Sabha elections. Gandhi claimed large-scale irregularities in Karnataka’s Mahadevapura constituency, citing duplicate entries, bulk voters, fake addresses invalid photographs and misuse of voter forms.

However, CEC Gyanesh Kumar as expected, did not take these allegations quietly and instead hit back strongly, dismissing the accusations as an “insult” to the Constitution of India. He asked Gandhi either to provide a signed affidavit with evidence or apologise for his remarks. Rahul Gandhi refused, alleging bias and saying that no such demand was made when BJP MP Anurag Thakur levelled similar charges.

Congress MP and Lok Sabha Leader of the Opposition Rahul Gandhi on Sunday took aim at the Election Commission, questioning why he alone was asked to submit an affidavit after alleging vote theft, while BJP leaders faced no such demand. He raised the issue during the launch of the “Voter Adhikar Yatra” in Sasaram, Bihar. “When I held a press conference on vote theft, the Election Commission asked me for an affidavit. But when BJP leaders held a press conference a few days ago, no affidavit was demanded from them. The Commission says, ‘Submit an affidavit that your data is correct’. This data belongs to the Election Commission itself. Why am I being asked for an affidavit?” Gandhi asked.

As the confrontation escalated, Congress MP Syed Naseer Hussain siad that the party was prepared to use “all democratic tools,” including the option of an impeachment motion.

“If there is a need, we will use all the weapons of democracy under the rules. We have not had any discussions (about impeachment) as of now, but if needed, we can do anything,” Hussain said.

No formal decision has yet been taken, but the political rhetoric has revived a question that rarely enters the national conversation: can the Chief Election Commissioner be impeached?

AND THE CONSTITUTION SAYS…

According to Article 324(5), the Constitution of India makes it clear that the Chief Election Commissioner can only be removed from office in the same manner and on the same grounds as a judge of the Supreme Court. The grounds are limited to “proved misbehaviour or incapacity,” ensuring that the office cannot be targeted over political differences. This removal process is sometimes described as “impeachment,” though technically the Constitution does not use that word for the CEC. What it does prescribe is a highly demanding procedure that requires approval from both Houses of Parliament, with the kind of majority rarely seen outside of consensus or ruling party support.

MECHANICS OF THE PROCESS…

A motion to remove the CEC can be introduced in either House of Parliament, but it must first have the backing of a significant number of members, at least 100 MPs in the Lok Sabha or 50 MPs in the Rajya Sabha. If admitted, it is debated and then put to vote. For the motion to pass, it requires two layers of approval: a two-thirds majority of members present and voting, and support from more than half of the total strength of the House.

Even if one House passes the motion, the other must do so with the same majority. Only then is the resolution forwarded to the President, who can issue an order for removal. The bar is set deliberately high to ensure that the Election Commission remains shielded from political vendettas and from day-today power struggles.

However, if the Speaker finds there is some material which can go against the CEC, he/she then he will have to constitute a threemembercommittee to initiate a probe into the charges.

The Committee comprises a Supreme Court Judge, one of the High Court Chief Justices and an eminent jurist. They will frame definite charges and give an opportunity to the Judge or the CEC to present his/her point of view. After that, they will prepare a report and submit it to the Speaker.

The Speaker will place the report in the House, and then it has to be passed by a special majority, which means a majority of the total membership of the House or two-thirds of the members present in the House during voting.

No CEC has ever been removed since the body’s creation in 1950. In the nineties, TN Seshan’s aggressive poll reforms, including curbing misuse of money and muscle power, earned him both hostility and admiration, yet Parliament never tried to oust him. In 2009, over 200 MPs signed a petition seeking the removal of Election Commissioner Navin Chawla, accusing him of bias towards Congress, but the motion did not proceed. Clearly, unless the govt backs it, the Opposition cannot gather the numbers. With NDA’s majority, INDIA bloc’s impeachment threat is more political signal than statute legality. The framers tied CEC’s tenure to that of SC judges to ensure independence. Rahul Gandhi claims Congress’s ‘vote theft’ data comes from EC’s own website, covering the entire voter list. The CEC rejected this, demanding proof. Opposition may use impeachment to corner govt, making it a flashpoint.

THE VIEWS EXPRESSED BY THE AUTHOR ARE PERSONAL

Robin Roy, The writer is Senior Journalist and former Managing Editor, First India