Election Commission of India: Powers, Appointment, Removal of the CEC and the 2026 Protests Explained

Prerana ICS Editorial Desk · Updated 2026-10-13 · Polity and Governance

The Election Commission of India (ECI) is the constitutional body that conducts every national and state election in the country. In October 2026 it is at the centre of one of the sharpest public confrontations in its history. The Cockroach Janta Party (CJP), student leaders such as Neha Bora of the All India Students’ Association (AISA), and the INDIA bloc Opposition are demanding the resignation of Chief Election Commissioner (CEC) Gyanesh Kumar. This editorial explains the constitutional framework behind the controversy: how the Commission is built, how a CEC is appointed, who can remove the CEC, and what the law actually says about the present demand.

Key Takeaways

• The Election Commission draws its powers from Article 324 of the Constitution, which gives it superintendence, direction and control of elections.
• The CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge: proved misbehaviour or incapacity, an address by both Houses of Parliament, and an order of the President. No CEC has ever been removed.
• A removal notice against Gyanesh Kumar, signed by 193 MPs (130 in the Lok Sabha, 63 in the Rajya Sabha), was submitted in March 2026. The Lok Sabha Speaker and the Rajya Sabha Chairman refused to admit it on 6 April 2026.
• The fresh wave of protests followed a 23 September 2026 investigation by The Indian Express, which reported that Election Commissioners S.S. Sandhu and Vivek Joshi had formally recorded at least 14 objections in 10 months to decisions linked to the Special Intensive Revision (SIR) of electoral rolls.
• On 10 October 2026, police detained thousands of protesters in Delhi, including CJP leaders and Neha Bora. On 12 October the Opposition marched to the Supreme Court, and the Chief Justice declined a meeting because related matters are already before the Court.
• These are allegations and political demands. The Commission and the BJP reject them, and nothing has been proved against the CEC in any forum.

Why the Election Commission Is in the News (October 2026)

The trigger: the 23 September report

On 23 September 2026, The Indian Express reported that two of the three members of the Commission had objected at least 14 times over 10 months to orders connected with the SIR of electoral rolls. According to the report, they said some decisions were taken without their knowledge. The objections reportedly covered changes to Form 6 (the form used to register new voters), appeals filed against the inclusion of voters in West Bengal, and access to the digital electoral roll database. The Election Commission responded that operational queries and differing views are a normal part of deliberation, and that the three-member Commission took its decisions, including those on SIR, unanimously. The point that matters for students is legal. The 2023 Act says the Commission should decide matters unanimously as far as possible, and that disagreements are settled by majority. The CEC is first among equals, not a sole decision-maker. That is why the allegation of ‘unilateral decisions’ strikes at the constitutional design of the Commission itself.

The removal notice and the Opposition’s protests

In March 2026, 193 Opposition MPs submitted notices in both Houses seeking the CEC’s removal under Article 324(5), citing charges such as partisan conduct, obstruction of the investigation of electoral fraud and mass disenfranchisement. It was the first formal removal notice against a sitting CEC. On 6 April 2026, the Speaker and the Chairman, using their power under Section 3 of the Judges (Inquiry) Act, 1968, refused to admit the notices, so no inquiry committee was ever formed. After the September report, Opposition leaders said they would bring a fresh notice. In the first week of October, INDIA bloc MPs held protests in Delhi over several days. Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, was detained during these protests.

CJP and Neha Bora: the street protests of 10 to 12 October

The CJP, a political campaign founded by Abhijeet Dipke, began protests on 2 October and called a mass demonstration in Delhi on 10 October demanding Gyanesh Kumar’s resignation. It was supported by Left-affiliated student groups, farmers’ organisations and the AAP. Delhi Police denied permission, prohibitory orders under Section 163 of the Bharatiya Nagarik Suraksha Sanhita were imposed in central Delhi, entry to dozens of metro stations was shut, and mobile internet was suspended in a part of central Delhi. By the end of 10 October, police had detained nearly 7,000 protesters in Delhi, according to PTI. Those detained included CJP leaders Abhijeet Dipke, Ashutosh Ranka and Saurav Das, AISA president Neha Bora, advocate Prashant Bhushan, activist Yogendra Yadav, and several political leaders. Neha Bora was stopped while marching towards Dilli Haat, which she described as the new Jantar Mantar for the day. Protests and detentions were also reported from Mumbai, Pune, Bengaluru and Goa. Over the following days more than 700 people were detained on 11 October, and journalists were among those held. Some detainees alleged mistreatment in police custody; these are allegations reported by media and have not been adjudicated. On 12 October, the Delhi Police order removed Jantar Mantar from the list of designated protest sites and named Ramlila Ground, Burari Ground and CBD Ground (Shahdara) as alternatives. The same day, Rahul Gandhi and ten INDIA bloc leaders marched to the Supreme Court and submitted a petition against the Election Commission seeking an audit of SIR deletions. Chief Justice Surya Kant declined a meeting, reportedly saying that the voter-roll revision and the CEC issue are already pending before the Court and that the Court cannot intervene in the executive’s administrative functioning. The Keralam Assembly also passed a resolution seeking the CEC’s removal, though such a resolution has no binding legal effect on the process in Parliament.

The other side

The BJP has defended the CEC, saying the Opposition is attacking a constitutional body and the electoral process because it has no other issues, and that institutions should not be questioned only when results go against a party. The Election Commission maintains that its decisions were collective. The Supreme Court, in May 2026, upheld the legality of the SIR exercise, while clarifying that the Election Commission cannot decide whether a person is an Indian citizen. The Union government’s position is that law and order measures were needed for the protests.

Timeline at a glance

The Election Commission of India: Constitutional Basis

Origin and Article 324

The Election Commission was set up on 25 January 1950, a day now observed as National Voters’ Day. Its basis is Article 324 in Part XV (Articles 324 to 329) of the Constitution. Article 324(1) vests the superintendence, direction and control of the preparation of electoral rolls and the conduct of elections to Parliament, State Legislatures and the offices of the President and Vice-President in the Commission. Key clauses of Article 324:

• 324(2): the Commission consists of the Chief Election Commissioner and such other Election Commissioners as the President may fix, appointed by the President subject to any law made by Parliament.
• 324(4): Regional Commissioners may be appointed to assist the Commission.
• 324(5): conditions of service and tenure are fixed by law. The CEC cannot be removed except like a Supreme Court judge, and his conditions of service cannot be changed to his disadvantage after appointment. Other Election Commissioners cannot be removed except on the recommendation of the CEC.

From one member to three

For nearly 40 years the Commission had a single member. Two more Election Commissioners were added in October 1989, withdrawn in January 1990, and a three-member Commission was made permanent from 1 October 1993. T.N. Seshan, CEC from 1990 to 1996, is remembered for asserting the Commission’s independence and enforcing the Model Code of Conduct.

Functions and powers

• Preparing and revising electoral rolls and registering voters
• Announcing election schedules and supervising the conduct of polls
• Enforcing the Model Code of Conduct (a set of guidelines, not a statute)
• Recognising political parties and allotting symbols under the Election Symbols (Reservation and Allotment) Order, 1968
• Advising the President and Governors on disqualification of legislators
• Using Article 324 residuary powers where the law is silent, as recognised by the Supreme Court in Mohinder Singh Gill (1978), subject to the rule that these powers cannot override existing law The Commission does not conduct panchayat and municipal elections, which are handled by State Election Commissions under Articles 243K and 243ZA.

How Are the CEC and Election Commissioners Appointed?

For decades the President appointed the CEC and ECs on the advice of the government. In Anoop Baranwal v. Union of India (2 March 2023), a five-judge Constitution Bench directed that until Parliament made a law, appointments be made on the advice of a committee of the Prime Minister, the Leader of the Opposition and the Chief Justice of India. Parliament then passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Its main features:

• A Selection Committee of the Prime Minister (chair), the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. The Chief Justice is no longer a member.
• A Search Committee headed by the Cabinet Secretary prepares a panel of five names.
• A term of six years or until age 65, whichever is earlier, with no reappointment.
• Salary and allowances at the level of the Cabinet Secretary.
• Removal of the CEC in the manner of a Supreme Court judge; other ECs on the CEC’s recommendation. Gyanesh Kumar, a 1988-batch IAS officer of the Kerala cadre, became the 26th CEC on 19 February 2025 and was the first CEC appointed under this Act. His term runs until 26 January 2029. Rahul Gandhi, then a member of the Selection Committee, recorded a dissent, and the composition of the committee has been challenged in the Supreme Court, with the petitions still pending.

Who Can Remove the Chief Election Commissioner?

This is the question at the heart of the present debate. The short answer is: only Parliament, through a judge-style process, with the President issuing the final order. Neither the Prime Minister, nor the Cabinet, nor the courts can remove the CEC directly.

Step-by-step procedure

1. Notice of motion: a notice stating the grounds is given in either House, signed by at least 100 members of the Lok Sabha or 50 members of the Rajya Sabha.
2. Admission: the Speaker or the Chairman decides whether to admit the notice (Section 3, Judges (Inquiry) Act, 1968). A refusal ends the process, as happened in April 2026.
3. Inquiry committee: if admitted, a three-member committee, usually a Supreme Court judge, a High Court Chief Justice and a distinguished jurist, frames charges and investigates.
4. Finding: if the committee finds no misbehaviour or incapacity, the matter ends.
5. Parliamentary vote: if guilt is found, the motion must be passed in each House by a majority of the total membership and at least two-thirds of members present and voting.
6. Presidential order: the President then issues the order of removal. The only grounds are proved misbehaviour or incapacity. Political disagreement, public protest or loss of public confidence is not a ground in itself.

CEC versus other Election Commissioners

This weaker protection for the other commissioners has been criticised for years. In 2009, CEC N. Gopalaswami recommended the removal of Election Commissioner Navin Chawla, but the government did not act on it, which showed that the safeguard depends on the Executive’s willingness to follow the CEC’s advice.

Can the CEC simply resign?

Yes. The CEC can resign by writing to the President, and no Parliamentary process is needed. Election Commissioner Arun Goel’s resignation in March 2024, shortly before the Lok Sabha election, showed that commissioners can leave office this way. A demand for resignation is therefore a political and moral demand; the removal procedure under Article 324(5) is the legal route.

Has any CEC or judge ever been removed?

No CEC has been removed. The judge-style process has also never ended in the removal of a Supreme Court or High Court judge: the 1993 motion against Justice V. Ramaswami failed in the Lok Sabha, and later cases ended with resignations. The bar is deliberately very high, because the aim is to protect an independent umpire from the government of the day.

The Larger Debate: Independence, Collegiality and Public Trust

The present controversy raises questions that go beyond one individual.

• Appointment process: the Dinesh Goswami Committee (1990) and the Law Commission’s 255th Report (2015) had suggested broader consultation, including the Chief Justice, for appointments. Critics say the 2023 Act gives the Executive a majority in the Selection Committee.
• Collegiality: the Commission is a multi-member body. If commissioners’ objections are not recorded and addressed, public trust in its collective decision-making suffers.
• Transparency: demands such as machine-readable electoral rolls, audits of deletions and clear reasons for changes to forms are about verifiability.
• Rights of voters: the right to vote is statutory, but free and fair elections are part of the basic structure. Wrongful deletion from rolls affects a citizen’s ability to participate.
• Right to protest: Article 19(1)(a) and 19(1)(b) protect free speech and peaceful assembly, subject to reasonable restrictions under Article 19(3). Courts have repeatedly said that restrictions must be proportionate. Blanket prohibitions and mass detentions raise questions on this test.
• Due process for accountability: if there are allegations of misbehaviour, the Constitution provides an inquiry route. Equally, a Commission that is accused should answer with facts and records, since its credibility is its only real power.

Why This Topic Matters for Your Exam

Prelims quick facts

Mains questions for practice

1. Examine the constitutional safeguards that protect the independence of the Election Commission of India. Are they adequate in light of recent controversies? (15 marks, 250 words)
2. Explain the procedure for the removal of the Chief Election Commissioner. Why do other Election Commissioners enjoy a weaker protection? (10 marks, 150 words)
3. Discuss the balance between the right to peaceful protest and public order in a democracy, with reference to recent demonstrations in the national capital. (15 marks, 250 words)

Frequently Asked Questions

Who can remove the Chief Election Commissioner of India? Parliament, through a motion that follows the same procedure as the removal of a Supreme Court judge. After both Houses pass an address by the special majority, the President issues the removal order. Can the Prime Minister remove the CEC? No. The Prime Minister has a role in selecting the CEC, but the Constitution gives no power to remove the CEC to the Prime Minister or the Cabinet. On what grounds can the CEC be removed? Only proved misbehaviour or incapacity. Has any Chief Election Commissioner been removed in India? No. The March 2026 notice against Gyanesh Kumar was the first formal removal notice against a sitting CEC, and it was not admitted by the presiding officers. Why are people demanding Gyanesh Kumar’s resignation? The demand grew after reports that two Election Commissioners had recorded multiple objections to SIR-related decisions, along with Opposition allegations about voter-roll deletions. The Commission says its decisions were collective and the BJP says the Opposition is targeting a constitutional body. None of the allegations has been proved in a court or inquiry. What is the Cockroach Janta Party (CJP)? The CJP is a political campaign founded by Abhijeet Dipke. It has led the protests demanding the CEC’s resignation and says it is an independent movement not tied to any party’s programme. Who is Neha Bora? Neha Bora is the president of the All India Students’ Association (AISA), a Left-leaning student organisation. She was among those detained in Delhi during the 10 October protest and again on 11 October. What is the Special Intensive Revision (SIR)? SIR is the Election Commission’s intensive revision of electoral rolls, which began in Bihar in June 2025 and has since been extended to many states and Union Territories. Critics fear genuine voters may be excluded, while the Commission says it is cleaning the rolls. Can a state assembly remove the CEC? No. A state assembly’s resolution is only an expression of opinion. Removal requires the parliamentary process under Article 324(5). How long is the CEC’s term? Six years or until age 65, whichever is earlier. Gyanesh Kumar’s term ends on 26 January 2029.

Our View

The Election Commission is the umpire of Indian democracy, and an umpire must be both independent and seen to be independent. The Constitution has protected the CEC with a removal process as demanding as that for a Supreme Court judge, precisely so that no government can silence him. That same protection places a heavy duty on the institution to be transparent and collegial. Public trust cannot be commanded by constitutional text alone; it needs open records, clear reasons for decisions and honest answers to citizens’ questions. The allegations against the present Commission are serious, but they are still allegations. The proper answers lie in the forums the Constitution has created: Parliament, the courts, and an informed public. Equally, peaceful dissent is a democratic right, and the state must show that every restriction on it is lawful and proportionate. For aspirants, the lesson is to understand the machinery behind the headlines, since the questions in the exam hall come from the Constitution, the statutes and the judgments. Prepare for APPSC, TGPSC and UPSC with Prerana Institute for Civil Services. Visit preranaics.in.

Sources and Further Reading

• Scroll.in reports on the 23 September Indian Express investigation, the 10 and 12 October protest updates, and the Keralam Assembly resolution
• PTI report on the rejection of the removal notices, 6 April 2026
• The Indian Express investigation on Election Commissioners’ objections, 23 September 2026
• Business Standard, Outlook and Drishti IAS explainers on removal of the CEC
• Constitution of India, Article 324; Judges (Inquiry) Act, 1968; CEC and Other ECs Act, 2023 This is a fast-moving story. Please re-check the latest developments before each update.