Indian Parliament Speaker Addresses Impeachment of Chief Election Commissioner

Om Birla, the Lok Sabha Speaker of India, stated on Thursday that any new motion to impeach Chief Election Commissioner Gyanesh Kumar will be evaluated according to the established procedures. This announcement comes as the Opposition has been vocally demanding Kumar's removal, citing alleged irregularities during the recent Special Intensive Revision (SIR) of electoral rolls.

"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 during a press conference held ahead of the upcoming 12th BRICS Parliamentary Forum, which India is scheduled to host.

The Opposition has engaged in protests against Kumar and has approached President Droupadi Murmu, requesting his removal along with the abolishment of the 2023 law that grants immunity to the Chief Election Commissioner and other Election Commissioners. They accuse the CEC of acting in a "unilateral and arbitrary manner" concerning the ongoing revision of the electoral lists.

The Opposition has attempted to remove Kumar twice thus far. The notices submitted during the first attempt were dismissed by both the Lok Sabha and the Rajya Sabha. The notices from the second attempt are currently under review. According to Indian law, the CEC can be ousted by Parliament through a process akin to that used for the impeachment of a Supreme Court judge. Furthermore, the CEC or any Election Commissioner has the option to resign by submitting a letter of resignation to the President.

During the press event, Birla addressed speculation regarding the government's potential plans to summon an extraordinary session of Parliament to discuss the Constitution (131st Amendment) Bill and the Delimitation Bill aimed at implementing a 33% reservation for women in legislative bodies. He refrained from confirming any such session and elaborated on the process governing the proroguing of Parliament as detailed in the Constitution.

Birla mentioned, "This is not the longest duration (between the adjournment and proroguing). Article 85 of the Constitution clearly states the rules for proroguing the House." The Monsoon session of Parliament had been adjourned sine die on August 13 but has not yet been officially prorogued. Article 85 empowers the President to summon and prorogue either House of Parliament or dissolve the Lok Sabha, based on advice from the Council of Ministers.

It is necessary for the government to provide a 15-day notice before calling a full session and a minimum of three days' notice for a special session. Union Minister for Parliamentary Affairs Kiren Rijiju previously indicated that there have been instances where both Houses remained unprorogued for extended periods, including up to 87 days.

Additionally, Birla provided an update on petitions concerning the disqualification of rebel members of the Trinamool Congress (TMC), who had merged with the Nationalist Citizens Party of India (NCPI), an unrecognised regional party. He confirmed that the matter is currently being reviewed in the Supreme Court as well as in his court, with both parties being heard and ongoing proceedings.

Looking ahead to the BRICS Parliamentary Forum set to begin on October 26, Birla expressed optimism that the meeting would culminate in a joint declaration by consensus. He also emphasised that discussions would cover significant global issues including terrorism and climate change. "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 too," he stated. Prime Minister Narendra Modi is anticipated to attend the event, which will include leaders from various countries. As of now, participation confirmations from Saudi Arabia and Ethiopia remain pending, although 18 countries have already submitted suggestions for the forum's agenda.