The Congress government in Keralam will present a resolution in the state Assembly to remove Gyanesh Kumar as the Chief Election Commissioner (CEC).
This marks the first instance of a state assembly moving a resolution seeking the removal of the CEC.
The resolution, to be moved by Chief Minister V D Satheesan, also demands the reinstatement of eligible voters removed from electoral rolls.
It further calls for the reconstitution of the Election Commissioner selection committee to include the Prime Minister, Leader of Opposition in Lok Sabha, and the Chief Justice of India.
The resolution is expected to pass, with support from both the Congress-led United Democratic Front (UDF) and the CPI(M)-led Left Democratic Front (LDF).
Detailed Insights:
The resolution alleges that the Election Commission of India (ECI)'s impartiality is compromised, leading to violations of democratic principles through technical manipulation.
It specifically highlights anomalies in the Special Intensive Revision (SIR) process, which is claimed to have removed lakhs of eligible voters.
The Kerala Assembly had previously passed a resolution against the nationwide rollout of SIR in September last year, expressing concerns about its potential link to the National Register of Citizens (NRC).
The removal process for a CEC is akin to that of a Supreme Court Judge, requiring a special majority in both Houses of Parliament on grounds of proved misbehaviour or incapacity, as per Article 324(5) of the Constitution.
The current selection committee for Election Commissioners comprises the Prime Minister, a Union Cabinet Minister, and the Leader of Opposition in Lok Sabha, as per the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
Prior to this Act, the Supreme Court, in the Anoop Baranwal Case, 2023, had mandated a selection committee including the Prime Minister, Leader of Opposition, and Chief Justice of India until Parliament enacted a law.
The SIR is an exercise conducted by the ECI to verify and revise electoral rolls, aiming to ensure accuracy by removing deceased, duplicate, or ineligible voters and including eligible ones. The Supreme Court upheld the legitimacy of SIR in May 2026.
Key Concepts Involved:
Chief Election Commissioner (CEC): The head of the Election Commission of India, responsible for the superintendence, direction, and control of elections.
Election Commission of India (ECI): An independent constitutional body established under Article 324 to conduct free and fair elections in India.
Special Intensive Revision (SIR): An exercise undertaken by the ECI to update and purify electoral rolls by verifying voter data.
Article 324(5): A constitutional provision that outlines the removal process for the CEC, which is similar to that of a Supreme Court Judge.