Impeaching the CEC - Why the Opposition’s Move to Impeach the Chief Election Commissioner Will Fail

 Impeaching the CEC - Why the Opposition’s Move to Impeach the Chief Election Commissioner Will Fail

The Opposition’s latest attempt to raise the pitch against Chief Election Commissioner (CEC) Gyaneshwar Kumar by floating the idea of impeachment is nothing more than a political gimmick. 

A closer look at the constitutional provisions makes it abundantly clear that this move is legally untenable, numerically impractical, and bound to collapse under its own weight.

Constitutional Safeguards for the Election Commission

The framers of the Constitution, conscious of the need for an independent Election Commission, deliberately made its members secure against arbitrary removal. Article 324 to 329 of the Constitution deal with the Election Commission. Specifically, the Chief Election Commissioner (CEC) enjoys protections akin to those of a Supreme Court Judge.

Removal Process:

1. Grounds: The CEC can only be removed on the ground of “proved misbehaviour or incapacity.”

2. Procedure:

Parliament must initiate the process.

Both Houses must pass a resolution by a special majority – i.e., a two-thirds majority of members present and voting, supported by more than 50% of the total membership of each House.

This is the same tough standard applied to impeaching a Supreme Court Judge.

3. Other Election Commissioners: They can be removed only on the recommendation of the CEC, further underscoring the insulation of the institution.

In essence, the Constitution has created a double lock – not only do there have to be strong legal grounds, but there also has to be overwhelming political consensus.

Why the Opposition’s Move Will Collapse

1. Lack of Numbers:

The ruling NDA enjoys a comfortable majority in the Lok Sabha.

Even in the Rajya Sabha, the Opposition is nowhere near the two-thirds majority threshold.

Without bipartisan consensus, impeachment cannot even cross the first step.

2. Absence of Proven Grounds:

So far, the Opposition has been making loud allegations about bias, but allegations are not evidence.

“Proved misbehaviour” requires inquiry, substantiated charges, and judicial-level scrutiny. Mere political disagreement with the Commission’s decisions does not qualify.

3. Precedent:

In independent India, no CEC has ever been impeached.

Even controversial figures like T.N. Seshan or Navin Chawla faced political heat, but the removal route was never successful because the bar is deliberately set high.

4. Public Perception:

The Opposition risks being seen as undermining the credibility of a constitutional body simply because its decisions did not suit them.

Such moves can boomerang, reinforcing the perception that the Opposition is anti-institution.

The Larger Picture

The architects of the Constitution designed the Election Commission to be above partisan pressures. If every ruling or administrative decision of the Commission became a ground for impeachment threats, the institution would collapse into paralysis. That is why the impeachment process is meant to be extremely rare, backed by overwhelming consensus and rock-solid evidence.

By attempting to drag CEC Gyaneshwar Kumar into a political dogfight, the Opposition is not only setting itself up for an inevitable defeat but also damaging its own credibility. Instead of chasing a constitutional impossibility, the Opposition would do better to fight the government on policy grounds and in the electoral arena, not by weakening independent institutions.

-- Dayanand Nene 

   18/8/25