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Can the Opposition impeach CEC Gyanesh Kumar? Inside the constitutional process
Under Article 324(5) of the Constitution, the Chief Election Commissioner (CEC) enjoys the exact same constitutional protection as a Supreme Court judge.
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Opposition parties will meet in New Delhi on Wednesday to decide their strategy on the recent controversy over Chief Election Commissioner Gyanesh Kumar and the conduct of the special intensive revision (SIR) of electoral rolls across the country, despite dissent within the body. Among the steps that they will discuss is a plan to move another impeachment motion against Kumar. As demands for action against Kumar grow, here is an explainer on the constitutional mechanics, vote thresholds, and legal requirements needed to remove a Chief Election Commissioner in India.
What is an impeachment motion?
Certain constitutional positions are granted a high degree of protection to safeguard them from political pressure or interference by the legislature and executive. Judges of the High Court and Supreme Court can not be removed by any power in the country, except through a rigorous, multi-step process.
Under Article 324(5) of the Constitution, the Chief Election Commissioner (CEC) enjoys the exact same constitutional protection as a Supreme Court judge.
The process has three parts.
At least 100 Lok Sabha MPs or 50 Rajya Sabha MPs must sign and submit a notice for removal of the CEC to their respective presiding officer.
If the presiding officer admits the motion, the House constitutes a three-member committee of jurists, led by a sitting Supreme Court judge, to investigate the allegations.
If the panel finds the CEC guilty, the House puts the motion to a vote. It must pass by a majority of the total membership of that House and by a majority of not less than two-third of the members of the House present.
Why does the Opposition want to remove CEC Gyanesh Kumar?
The Opposition has alleged that Kumar colluded with the ruling Bharatiya Janata Party and disenfranchised millions of people through SIR. The latest trigger for the combined Opposition attack is a recent Indian Express report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi recorded objections on at least 14 occasions over 10 months over decisions related to SIR.
To be sure, this is not the first attempt by the Opposition to initiate the impeachment against Kumar. In March 2026, the Opposition submitted notices, backed by 130 Lok Sabha MPs and 63 Rajya Sabha MPs. The Lok Sabha Speaker and the Rajya Sabha Chairman rejected both notices at the scrutiny stage.
A second notice, submitted in the Rajya Sabha on April 24, was signed by 73 Opposition MPs and contained nine fresh allegations. The notice remains valid.
If a notice is valid, then why does the Opposition plan to move another impeachment motion?
According to Congress leader Jairam Ramesh, the Indian Express report has put additional information in the public domain that was not mentioned in the previous impeachment motions.
Also, at least seven of the 73 lawmakers who signed the second impeachment notices have either shifted to the BJP or retired from the House. This would lead to the Rajya Sabha chairman, CP Radhakrishnan, automatically rejecting the notice.
Under these circumstances, the Opposition wants to move a fresh impeachment notice in both the Lok Sabha and the Rajya Sabha.
Does the Opposition have enough numbers to actually impeach Gyanesh Kumar?
No. An impeachment motion must be approved by a two-thirds majority in both Houses. The Congress, which had 98 MPs in the Lok Sabha, doesn’t have a two-thirds majority even if all Opposition parties support the motion. Any such move would require support from the BJP, which has 240 MPs in the Lower House.
But the BJP has come out in support of Gyanesh Kumar, accusing the Congress of misleading the country. It is unlikely that the ruling dispensation would support such a move, especially since Kumar was appointed by a panel led by Prime Minister Narendra Modi.
Then why is the Opposition trying to move an impeachment motion?
The Opposition’s impeachment motion is not to seek a numerical victory but to make a political point and send a larger message against Gyanesh Kumar. It is to show that many political parties have no faith in the CEC and to expose what they describe as collusion between the CEC and the BJP.
