In a recent decision, C.P. Radhakrishnan, the Vice-President and Chairman of the Rajya Sabha, dismissed a motion for the impeachment of Chief Election Commissioner Gyanesh Kumar. He stated that the accusations made by opposition members lack the necessary evidence to prove misbehavior, which is essential for justifying the removal of the Chief Election Commissioner.
Radhakrishnan emphasized that allowing impeachment motions based solely on administrative disagreements or political views would undermine the independence that the Constitution seeks to protect. He pointed out that several accusations pertain to issues already adjudicated or currently under judicial scrutiny. While these claims may be pertinent to political discussions, they do not satisfy the stringent constitutional standards required for initiating removal proceedings. Consequently, he concluded that the notice does not illustrate ‘misbehavior’ as defined in Articles 324(5) and 124(4) of the Constitution, and the prerequisites for accepting the motion under the Judges (Inquiry) Act of 1968 have not been fulfilled.
In light of these considerations, Radhakrishnan firmly asserted that the motion does not warrant admission. The notice for impeachment, which was filed by the opposition over three weeks ago, was rejected by both the Rajya Sabha Chairman and the Lok Sabha Speaker on Monday.
The opposition coalition, spearheaded by the Trinamool Congress (TMC), submitted the impeachment motions in the Lok Sabha and Rajya Sabha on March 12, garnering signatures from 130 MPs in the Lok Sabha and 63 in the Rajya Sabha. For an impeachment motion to be considered, it must be backed by at least 100 MPs in the Lok Sabha and 50 in the Rajya Sabha.
In a detailed response to the specific allegations made by the opposition, the Chairman addressed the first claim regarding the alleged “compromised” and “tainted” nature of Kumar’s appointment, which is currently being challenged in the Supreme Court. Radhakrishnan noted that even if these allegations were accepted as true, they do not constitute misbehavior attributable to the Chief Election Commissioner.
Regarding the accusation that Kumar applied different standards to members of various political parties, Radhakrishnan found that this allegation does not meet the criteria for misbehavior. On the matter of the Election Commission’s refusal to disclose a machine-readable voters list, he clarified that the Supreme Court had previously addressed the disclosure of electoral data, and the Election Commission had complied with its directives.
Concerning the charge related to the nationwide expansion of the SIR and its alleged political implications, the Chairman reaffirmed that the Election Commission is constitutionally mandated to revise electoral rolls and ensure their accuracy. Additionally, he remarked that the claim of the Election Commission failing to uphold its independence following Kumar’s appointment is overly broad, lacking specificity, and largely based on the perceptions of a particular political group.
Following the rejection of the impeachment notices by Parliament on Monday evening, opposition parties voiced their disapproval, with TMC MP Derek O’Brien condemning the decision as a “mockery of our great Parliament.”
Asad Rehman, who is part of the national bureau at The Indian Express, focuses on political and policy matters, particularly concerning religious minorities in India. With over eight years of journalism experience, he previously reported on various issues in Uttar Pradesh, including politics, crime, health, and human rights. During the Covid pandemic, he conducted significant ground reporting on the migration of workers. Rehman has also covered major legal cases, including the Babri Masjid-Ram temple dispute and the ongoing Gyanvapi-Kashi Vishwanath temple controversy. He holds a bachelor’s degree in History from Ramjas College, Delhi University, and a Master’s degree from the AJK Mass Communication Research Centre, Jamia Millia Islamia.
