Congress MP Shashi Tharoor has stated that Chief Election Commissioner (CEC) Gyanesh Kumar is protected by legal immunity granted through a law enacted in 2023. Tharoor indicated that the Opposition is actively working on articles of impeachment and will seek Kumar’s removal if he does not resign voluntarily.

In an interview with India Today TV, he linked this demand to alleged irregularities surrounding the Special Intensive Revision (SIR) of electoral rolls. Tharoor asserted that Kumar lacks constitutional protection but enjoys legal immunity due to legislation passed by the current BJP government. He claimed this law was enacted during the Winter Session of Parliament when the Opposition was reportedly expelled from the House.

He emphasised that the Constitution allows for impeachment, and the Opposition is in the process of drafting the necessary articles. The Thiruvananthapuram MP urged Kumar to resign on moral grounds, questioning the credibility of elections under his oversight. Tharoor suggested that stepping down would be a gracious act in the interest of democracy, expressing concerns about the loss of faith from Opposition parties in the CEC’s ability to conduct fair elections.

Legal Framework Surrounding CEC’s Immunity

According to Section 16 of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, courts are barred from initiating or continuing civil or criminal proceedings against a serving or former CEC or Election Commissioner for actions related to their official duties. However, this provision does not explicitly cover conduct unrelated to those duties.

This legal provision has been challenged in the Supreme Court. Earlier in January, the court issued a notice to both the Centre and the Election Commission but did not grant a stay on the immunity clause. Article 324(5) of the Indian Constitution stipulates that the CEC can only be removed in the same manner and on the same grounds as a Supreme Court judge, while other Election Commissioners can only be removed based on the CEC’s recommendation.

Tharoor has raised concerns regarding the SIR process, calling for its suspension and the restoration of unlawfully deleted voters. He highlighted issues with the software used in the revision process, alleging that it prevented Electoral Registration Officers (EROs) from reinstating voters they believed had been wrongly removed. He cited a specific investigation revealing irregularities in Goa as an example of these alleged flaws.

Concerns Over Electoral Process

Tharoor expressed that the Opposition aims to ensure the integrity of the electoral process, seeking a fair and equitable Election Commission. He argued that the current methods employed by the Election Commission have shifted the burden of proof onto citizens whose names have been removed from the electoral rolls. He stressed that voters should not be required to prove their eligibility after their names have been deleted.

In addition to electoral concerns, Tharoor criticised the government’s decision to denotify Jantar Mantar as a designated protest site, stating that the new arrangements would distance demonstrators from the authorities they intend to reach. He noted that the alternative sites offered, such as Ramlila Maidan and Burari Ground, are far removed from the central areas of Delhi.

Tharoor concluded by reiterating the Opposition’s commitment to restoring democratic values and ensuring a level playing field in elections. He stated that the Opposition would respect the electorate’s decision if elections were conducted fairly, even if the outcome favoured the BJP. He emphasised the importance of giving voters the opportunity to elect a government that aligns with their choices.

Long or Short, get news the way you like. No ads. No redirections. Download Newspin and Stay Alert, The CSR Journal Mobile app, for fast, crisp, clean updates!

App Store – https://apps.apple.com/in/app/newspin/id6746449540

Google Play Store – https://play.google.com/store/apps/details?id=com.inventifweb.newspin&pcampaignid=web_share