Opposition Plans Impeachment Motion Against CEC Gyanesh Kumar Amid SIR Controversy; Here’s What the Law Says

New Delhi, March 10, 2026 — In a historic first, Opposition parties under the INDIA bloc are preparing to move an impeachment motion against Chief Election Commissioner (CEC) Gyanesh Kumar in Parliament. The move, spearheaded by the Trinamool Congress (TMC), stems from allegations of “biased conduct” in the Election Commission’s handling of the Special Intensive Revision (SIR) of electoral rolls, particularly in West Bengal.

Leaders finalised the plan at a meeting chaired by Congress president and Leader of Opposition in Rajya Sabha Mallikarjun Kharge. TMC Deputy Leader in Lok Sabha Satabdi Roy proposed the motion, and allies agreed, with the party now drafting the notice and collecting the required signatures from MPs. Sources indicate the notice — which could be submitted in either House — is likely to be moved in the coming days during the ongoing Budget session, once the no-confidence motion against Lok Sabha Speaker Om Birla is addressed.

The push follows weeks of protests led by West Bengal Chief Minister Mamata Banerjee, who began a sit-in dharna in Kolkata on March 6 against alleged arbitrary deletions of names from voter lists under the SIR process. Opposition leaders accuse the Commission of selectively targeting West Bengal by deploying micro-observers only there to review statutory decisions. Banerjee has publicly backed any impeachment effort, and CEC Kumar faced black-flag protests and “go back” slogans during a recent visit to a Kolkata temple.

The INDIA bloc had earlier considered such a step in August 2025 after Kumar dismissed allegations of electoral irregularities as attempts to “mislead the public” and “disrespect the Constitution.” If admitted, this would mark the first impeachment motion against a sitting CEC in India’s history.

The removal of the Chief Election Commissioner is governed by Article 324(5) of the Constitution, which states: “The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court.” The same protection is reiterated in Section 11 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Grounds for removal: Proved misbehaviour or incapacity (the same as for Supreme Court judges under Article 124(4)).

Step-by-step procedure (modelled on the Judges (Inquiry) Act, 1968):

1. Initiation: A motion must be signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha. The notice must specify the grounds clearly.

2. Admission: The Speaker of the Lok Sabha or Chairman of the Rajya Sabha examines the motion and decides whether to admit or reject it.

3. Inquiry: If admitted, a three-member committee is constituted — comprising a sitting Supreme Court judge, a Chief Justice of a High Court, and a distinguished jurist — to investigate the charges.

4. Committee Report: The committee submits its findings to the Speaker/Chairman. If it holds the CEC guilty of misbehaviour or incapacity, the motion proceeds.

5. Parliamentary Vote: The motion is taken up for discussion and voting in the originating House (and must then pass in the other House). It requires a special majority in each House: support of a majority of the total membership of the House and not less than two-thirds of the members present and voting. Both Houses must pass it in the same session.

6. Presidential Order: Once passed by both Houses, an address is presented to the President, who issues an order removing the CEC from office.

The Constitution does not use the word “impeachment” for the CEC (that term is reserved for the President). Other Election Commissioners can be removed only on the recommendation of the CEC.

Opposition sources claim they have the numbers to introduce the motion, but passage remains extremely difficult: it demands cross-party consensus and a two-thirds majority in both Houses, where the ruling NDA commands a clear edge. No CEC has ever been removed through this route.