Rajya Sabha Chairman Rejects Opposition Motion to Remove CEC Gyanesh Kumar
In a significant parliamentary development, Rajya Sabha Chairman C P Radhakrishnan has formally rejected the opposition's notice to move a motion seeking the removal of Chief Election Commissioner Gyanesh Kumar. The Chairman's detailed order asserts that while the allegations raised by opposition members are "relevant for political debate," they fail to meet the high constitutional threshold required for initiating removal proceedings against a holder of such a high constitutional office.
Constitutional Threshold Not Met, Says Chairman
In his order, Chairman Radhakrishnan emphasized that the allegations presented "lack proofs necessary to constitute misbehaviour which establishes a prima facie case for removal of CEC." He explicitly stated that the notice does not demonstrate "misbehaviour" as envisaged by Articles 324(5) and 124(4) of the Constitution of India. Consequently, the prima-facie requirements for admitting this notice of Motion under the Judges (Inquiry) Act, 1968, have not been fulfilled.
The Chairman further invoked Supreme Court observations, noting that "the founding fathers of the Constitution advisedly adopted cumbersome process of impeachment as a mode to remove a Judge from office for only proved misbehaviour or incapacity which implies that impeachment process is not available for minor abrasive behaviour of a Judge." This underscores the extraordinary nature of the power entrusted to Parliament for removing individuals from high constitutional offices, a power not to be invoked lightly.
Detailed Rebuttal of Opposition's Seven Charges
The order provides a point-by-point rebuttal to the seven specific charges leveled by the opposition against CEC Gyanesh Kumar:
- Appointment Process Challenge: Regarding the charge that Kumar's appointment was "compromised and tainted" due to the constitutional validity of the 2023 Appointment Act being under Supreme Court challenge, the Chairman noted that such allegations, even if presumed correct, "do not amount to any act of misbehavior attributable to the CEC."
- Press Briefing Statement: On allegations concerning a statement made by the CEC during a press briefing about electoral roll irregularities, the Chairman found these do not fall within the meaning of 'misbehaviour' warranting removal.
- Electoral Fraud Investigation: Addressing charges of "deliberate obstruction on investigation into electoral fraud," Radhakrishnan pointed out that the issue of electoral data disclosure was considered by the Supreme Court, and the Election Commission acted in compliance with its directions.
- Special Intensive Revision in Bihar: Concerning the timing of the Special Intensive Revision (SIR) in Bihar and voter exclusions, the Chairman stated it would be "wholly inappropriate to treat issues currently under active judicial consideration as constituting evidence of misbehaviour."
- Nationwide SIR Expansion: On charges related to the nationwide expansion of SIR and its purported political consequences, the Chairman dismissed these as "inherently speculative and conjectural," failing to meet the threshold for establishing "misbehaviour."
- Contempt of Court Allegations: Responding to allegations of contempt and non-compliance with Supreme Court directions, Radhakrishnan clarified that "any alleged deviation from such directions is appropriately addressed through the Court's established contempt jurisdiction," not through parliamentary removal proceedings.
- Independence and Fidelity: Finally, on the charge of failure to maintain independence and constitutional fidelity, the Chairman stated that "in the absence of concrete particulars or substantiated evidence demonstrating deviation from constitutional or statutory obligations, such assertions fail in the test of prima facie instance of 'misbehaviour.'"
Background and Opposition Response
The notices seeking Kumar's removal were submitted on March 12 to both the Rajya Sabha Chairman and Lok Sabha Speaker Om Birla by opposition members. These notices were formally rejected on Monday following the Chairman's detailed order.
Meanwhile, Trinamool Congress leader Derek O'Brien indicated that opposition parties are in consultation regarding the rejection and plan to present their perspective publicly within a day or two. This suggests the political debate around the Election Commission's functioning and the CEC's role is likely to continue, albeit outside the formal removal proceedings framework.
The Chairman's ruling reinforces the stringent constitutional safeguards surrounding the removal of high constitutional officers, setting a precedent that allegations must meet a very high bar of proven misbehaviour or incapacity to trigger such extraordinary parliamentary action.
