Kerala Assembly Resolution Seeking Removal of CEC

Source: The Hindu

Why in News?

- The Kerala Assembly is set to move a resolution seeking the removal of Chief Election Commissioner (CEC) Gyanesh Kumar, along with demands for reinstating eligible voters removed from electoral rolls and reforming the Election Commissioner selection committee.

Key Issues

• The proposed resolution alleges that the Election Commission of India (ECI) has compromised its impartiality and raises concerns about technical irregularities in the Special Intensive Revision (SIR) of electoral rolls.
• The resolution calls for a selection committee comprising the Prime Minister, the Leader of Opposition in the Lok Sabha and the Chief Justice of India (CJI).
• Under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the selection committee currently comprises the Prime Minister, a Union Cabinet Minister nominated by the Prime Minister and the Leader of Opposition in the Lok Sabha.
• In Anoop Baranwal v. Union of India (2023), the Supreme Court prescribed a committee comprising the Prime Minister, the Leader of Opposition and the CJI until Parliament enacted a law on appointments.
• The SIR process aims to verify electoral rolls by removing deceased, duplicate and ineligible voters while ensuring that eligible voters are included. The source states that the Supreme Court upheld its legitimacy in May 2026.

Constitutional Provisions and Removal Process

• Article 324(5): The CEC can be removed in the same manner and on the same grounds as a Supreme Court judge, namely proved misbehaviour or incapacity.
• Removal requires a special majority in both Houses of Parliament: a majority of the total membership of each House and a two-thirds majority of members present and voting.
• A resolution passed by a State Assembly does not itself remove the CEC; removal must follow the constitutional parliamentary process.