Will Gyanesh Kumar Resign? What the Law Says About CEC Removal | CLAT 2027 Current Affairs

Why are protests demanding Gyanesh Kumar's resignation?

The protests are linked to the ECI's special intensive revision (SIR) of electoral rolls, with opposition parties raising concerns over the deletion of eligible voters' names.

On October 6, INDIA bloc MPs marched towards the ECI office. Congress leader Rahul Gandhi said the protests would continue until the CEC resigned.

On October 10, Cockroach Janta Party (CJP) founder Abhijeet Dipke and members Saurav Das and Ashutosh Ranka were detained ahead of a planned march to Jantar Mantar. Police had denied permission for the protest. The three were released on October 11 after furnishing a Rs 50,000 surety bond.

The Supreme Court held a special hearing on October 11 and directed authorities to prevent unlawful detentions and ensure free movement, subject to law and public order. Meanwhile, the BJP and its allies criticised the protests, while the opposition continued to demand the CEC's resignation.

Can the Chief Election Commissioner be removed?

Yes. The Constitution gives the CEC protection against removal through an ordinary executive decision. Under Article 324(5), the CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge: proved misbehaviour or incapacity. Public protests or disagreement with the CEC's decisions are not, by themselves, grounds for removal.

The Constitution also protects the CEC's service conditions from being changed to his disadvantage after appointment. Other Election Commissioners and Regional Commissioners cannot be removed except on the CEC's recommendation.

What is the procedure for CEC removal?

Under the Judges (Inquiry) Act, 1968, a removal motion must be signed by at least 100 Lok Sabha members or 50 Rajya Sabha members. The Speaker or Chairman can admit or reject it. If admitted, a three-member committee investigates the charges.

For removal, each House (the Lok Sabha and the Rajya Sabha) must then pass the removal address by a majority of its total membership and a two-thirds majority of members present and voting, in the same session.

This makes removal a demanding constitutional process. Even if a motion is initiated, it cannot result in removal without the required inquiry and parliamentary majorities.

Can Gyanesh Kumar resign voluntarily?

Yes. Resignation and removal are two different processes. The CEC can resign by writing to the President. A resignation does not require Parliament to pass a removal motion or establish misbehaviour or incapacity.

The Constitution does not require the CEC to resign because of public protests or political demands. Whether Kumar chooses to step down is a separate question from whether Parliament can remove him under Article 324(5).

CLAT 2027 Legal Current Affairs: MCQs

Q1. Under which constitutional provision can the Chief Election Commissioner be removed only in the same manner and on the same grounds as a Supreme Court judge?

A. Article 124(4)
B. Article 324(5)
C. Article 326
D. Article 329

Answer: B. Article 324(5)

Q2. What majority is required in each House of Parliament for the removal of a Supreme Court judge?

A. A simple majority of members present and voting
B. A majority of total membership and a two-thirds majority of members present and voting
C. A three-fourths majority of total membership
D. A two-thirds majority of total membership only

Answer: B. A majority of total membership and a two-thirds majority of members present and voting

Q3. Under the Judges (Inquiry) Act, 1968, how many Lok Sabha members must sign a notice for a removal motion?

A. 50
B. 75
C. 100
D. 150

Answer: C. 100

Q4. Which of the following is a constitutional ground for removing the CEC?

A. Public criticism
B. Loss of political support
C. Proved misbehaviour or incapacity
D. A demand by opposition parties

Answer: C. Proved misbehaviour or incapacity

Q5. Which provision protects the CEC and other Election Commissioners in relation to acts done in the discharge of official duties under the 2023 Act?

A. Section 6
B. Section 11
C. Section 16
D. Section 21

Answer: C. Section 16