Can SC Sack Gyanesh Kumar? CEC Removal Clause, Article 32 & Oppn Strategy
The opposition has taken its battle against Chief Election Commissioner Gyanesh Kumar to the Supreme Court, challenging voter list revisions and poll panel functioning. Under Article thirty-two, the apex court can examine whether actions violate fundamental rights and strike down unlawful decisions, but it cannot remove the CEC. Under Article three twenty-four, Clause five, the CEC can only be removed through a special parliamentary impeachment process akin to that of a Supreme Court judge for proven misconduct or incapacity. Highlighting past judicial interventions such as the Rafale, PMLA, and electoral bond rulings, the report notes that the judiciary cannot replace Parliament or the Election Commission as the court navigates between accountability and overreach.