Lok Sabha speaker Om Birla says any fresh impeachment motion against CEC Gyanesh Kumar will follow due process

What happened

Lok Sabha Speaker Om Birla said on Thursday that any fresh impeachment motion targeting Chief Election Commissioner Gyanesh Kumar will be scrutinised "as per the rules and procedures" laid down for the office. Birla made the remarks at a press conference ahead of the 12th BRICS Parliamentary Forum, which India is hosting.

Who is involved

• Om Birla – Speaker of the Lok Sabha, the lower house of Parliament.
• Gyanesh Kumar – Chief Election Commissioner of India, appointed under the Chief Election Commissioner and Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
• Opposition parties – Led by a coalition of regional and national legislators who have submitted two separate notices seeking Kumar's removal.
• President Droupadi Murmu – The constitutional head to whom a CEC may resign.
• Prime Minister Narendra Modi – Expected to attend the BRICS Parliamentary Forum.

Background on the removal process

The Constitution provides that a CEC can be removed only through a parliamentary procedure akin to the impeachment of a Supreme Court judge. Under Article 124, removal requires a majority of the total membership of each House and at least two‑thirds of members present and voting, followed by the President's order. The 2023 Act also permits a CEC to resign by writing to the President.

When a motion is admitted, the Speaker (or the Chairman of the Rajya Sabha) must set up a three‑member investigative committee – typically comprising the Chief Justice of India or a Supreme Court judge, a senior High Court chief justice, and a distinguished jurist. The committee reports its findings to both Houses, and further action depends on those conclusions.

What happens next

Birla indicated that should the opposition lodge a fresh notice, the House will follow the same constitutional steps. He declined to comment on any speculation about a special parliamentary session for related bills, noting that the Constitution already defines the proroguing process (Article 85).

Recent attempts to remove the CEC

The first set of notices was turned down by both houses, while the second set remains under consideration in the Upper House. Opposition leaders have met President Murmu and organised protests across several states, demanding Kumar's resignation over alleged irregularities in the Special Intensive Revision of electoral rolls.

Institutional stability

Birla's reassurance underscores the parliamentary system's resilience: even amid heated political debate, constitutional mechanisms continue to function. By adhering to established procedures, the legislature signals continuity and respect for the rule of law, reinforcing confidence in India's democratic institutions.

Outlook

The opposition is expected to file another notice in the coming weeks. If that occurs, the Speaker will convene the investigative committee and the process outlined in the Constitution will move forward. Until then, the CEC remains in office, and the scheduled BRICS Parliamentary Forum will proceed as planned.