Om Birla Says CEC Removal Motion Will Follow Parliament Rules

“We will follow the process when the motion is moved. Just as there is a procedure for the impeachment of judges, there is a process laid down for the CEC too. It will be followed if the opposition moves a motion,” Birla said at a press conference.

Opposition Demands CEC Removal

Anti-Kumar protests have flared up in the previous few days, with opposition political parties demanding the departure of Kumar over alleged irregularities in updating the electoral rolls.

The protests gathered pace after a report in The Indian Express revealed that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had recorded their dissent against 14 orders passed in respect of the SIR in the past 10 months, which, they argued, had been issued without their concurrence.

Constitutional Removal Process

The Constitution provides that the CEC can be removed by a parliamentary process similar to the removal of a Supreme Court judge. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, specifies that a CEC or an Election Commissioner may resign from his post by giving a written resignation to the President.

Whenever any motion for the removal of a judge is admitted in either House of the Parliament, a committee of three members is constituted by the Speaker of Lok Sabha or Chairman of Rajya Sabha to probe the charges. The committee may include the Chief Justice of India, a judge of the Supreme Court or a chief justice of a high court and a prominent jurist.

If the committee finds allegations not proven, nothing else is to happen. If it finds allegations are proved, then the motion is considered by Parliament. If the motion is not accepted by the parliament (through their address by the majority in each house and the address by 2/3rd members present and voting in each house), then the parliament will not pass resolution.

BRICS Forum To Discuss Terrorism

Birla also said he was confident the two-day BRICS Parliamentary Forum would issue a joint declaration by consensus and also deliberate upon the issues of global concern such as terrorism.

“India’s position has consistently been against terrorism, and we have always condemned it at every level. I hope there will be a detailed discussion on this issue within BRICS as well. Terrorism must end in every country,” he said.