The entire opposition is mobilized after the ongoing special incentive revision in Bihar i.e. Sir and then Rahul Gandhi’s vote theft and with one notes the front is opening against Chief Election Commissioner Gyanesh Kumar. At the same time, Chief Election Commissioner Gyanesh Kumar has also given his reply to all the allegations of Rahul Gandhi by holding a press conference and has rejected all the allegations of Rahul Gandhi outright. However, now this fight has moved beyond politics to the stakes of the Constitution and the opposition is considering impeachment to remove Chief Election Commissioner Gyanesh Kumar from his post.
Is it so easy to remove the Chief Election Commissioner from the post, as the opposition is thinking. Can Dnyanesh Kumar be removed from his post only by bringing the proposal of impeachment or is there in the constitution, due to which the opposition cannot remove Gyanesh Kumar from his post even if he wants to. After all, what is the process of removing the Chief Election Commissioner from the post and why this process is so complicated that Rahul Gandhi is more busy in running a voter rights journey in Bihar instead of bringing impeachment.
Impeachment against Election Commissioner Gyanesh Kumar
If you are trying to tell you in a line, then it is only such that the opposition can bring impeachment against the Chief Election Commissioner Dnyanesh Kumar very easily, but getting this impeachment passing this impeachment is not only difficult but impossible for the opposition and it is impossible and how it is, let’s try to understand it.
Rule to remove Chief Election Commissioner
Article 324 of the Indian Constitution determines the powers of the Chief Election Commissioner. Para 5 of this article clearly states that the only way to remove the Chief Election Commissioner is the same, which is to remove the Supreme Court judge. The way to remove the judge of the Supreme Court is written in Part Four of Article 124 of the Constitution of India. That is, a very long and complex process, but before that, understand one more thing that there is only two appearances to remove the Chief Election Commissioner from his post.
1. If there is allegations against the Chief Election Commissioner of corruption or bias for any political party.
2. If the Chief Election Commissioner is unable to work, whether it is due to any disease or physical disability.
If these two things go against the Chief Election Commissioner, then a long and complex process starts.
Who can bring a proposal to remove the Chief Election Commissioner?
The Lok Sabha or Rajya Sabha, the MP of any House can bring a proposal to remove the Chief Election Commissioner. If the proposal comes in the Lok Sabha, then the consent of 100 members of the Lok Sabha is necessary. If the proposal comes in the Rajya Sabha, then the consent of 50 Rajya Sabha MPs is necessary. The Lok Sabha Speaker in the Lok Sabha and the Chairman in the Rajya Sabha, that is, the Vice President will decide whether the allegations that have been made against the Chief Election Commissioner are prima facie correct or not. If it seems that prima facie the matter is correct, then the Speaker of the Lok Sabha or the Chairman of the Rajya Sabha can form a three -member inquiry committee, which can include the judges of the Supreme Court, the High Court judge and the law experts. If the inquiry committee also feels that the allegations against the Chief Election Commissioner are correct, then the inquiry committee can request the matter to be sent to Parliament.
Voting to remove Chief Election Commissioner
Voting will be held in both houses to remove the Chief Election Commissioner in Parliament. Voting will also have a special majority, not a simple majority. Special majority means that the number of people of the House have a majority. At the same time, two -thirds of the votes of the people who are voting. If this happens, then the proposal will be sent to the President. After the President’s consent, the Chief Election Commissioner can be removed from the post. This entire process is necessary only in a session of Parliament.
Challenge to prove in front of Chairman Om Birla
The long and complex process is sufficient to neutralize every war of the opposition and save the Chief Election Commissioner and maintain his position. First of all, the opposition will have to prove in front of Speaker Om Birla in the Lok Sabha that the Chief Election Commissioner is biased. Although this is the most difficult task, but suppose that this is also done, then 100 MPs in the Lok Sabha or 50 MPs in Rajya Sabha are with the opposition, which will come in favor of removing the Chief Election Commissioner, but when voting and two -thirds of the vote is needed, neither in the Lok Sabha nor the opposition in the Rajya Sabha has the number that the number can pass the proposal. Yes, it can be so much that by talking about removing the Chief Election Commissioner, the opposition can create an atmosphere against the Chief Election Commissioner by talking about impeachment.
Trying to create an atmosphere against the commissioner through vote rights journey
There is no other way for the opposition to remove the Chief Election Commissioner. Perhaps this is the reason why Leader of Opposition Rahul Gandhi started the issue through his press conference. To give him further edge, he has taken to the road of Bihar and is trying to create an atmosphere against the Chief Election Commissioner among the people through the vote rights journey.
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