{
  "id": 10907496,
  "title": "Shashi Tharoor: Continued tenure of CEC diminishes credibility of our electoral system",
  "url": "https://urgent.news/2026/09/30/shashi-tharoor-continued-tenure-of-cec-diminishes-credibility-of-our",
  "topic": "world",
  "section": "World",
  "published": "2026-09-30T09:27:42.000Z",
  "source": {
    "name": "The Indian Express",
    "slug": "the-indian-express",
    "url": "https://indianexpress.com/article/opinion/columns/shashi-tharoor-cec-gyanesh-kumar-diminishes-credibility-elections-10900540/"
  },
  "original_language": "en",
  "account": "The ongoing controversy surrounding Chief Election Commissioner Gyanesh Kumar intensifies a blend of public outcry, parliamentary disputes, coalition shifts, legal challenges, and doubts about the credibility of the electoral system in India. The central issue lies in the rising pressure from various facets of Indian society and politics, sparking questions on how a constitutional authority should handle public scrutiny. A fundamental concern is whether the current legal framework and political structure enable accountability or pose an insurmountable barrier to removing such authorities. Public discontent is visible through organized protests led by activists, students, and dominant parties, notably the Congress party. These movements aim to sway public opinion in major urban regions. The Congress has organized approximately 930 protest actions against the CEC in just one week, with more to follow. This grassroot pressure is augmented by a unified effort by the Opposition, with leaders demanding not only the CEC's immediate resignation but also criminal proceedings for alleged bias favoring the ruling party. In the Parliament, opposition lawmakers plan to utilize legislative procedures to challenge the CEC's position. Having previously submitted removal notices on grounds of partiality, which were rejected by the presiding officers of both houses, Congress legislators, joined by INDIA bloc allies, are preparing new impeachment notices. However, the constitutional path to removing a CEC is arduous, modeled closely on the impeachment process for a Supreme Court judge. Section 11 of the 2023 Chief Election Commissioner and Other Election Commissioners Act permits a commissioner to resign by notifying the President, but dismissal necessitates a parliamentary petition's approval, followed by a majority vote in both houses, making involuntary removal extremely difficult without government support. This situation is further complicated by the political dynamics of the current coalition government, which is more akin to a partnership than a single-party majority. Alliances within the ruling coalition have expressed reservations, requesting transparency and formal explanations about internal decisions and procedures of the Election Commission of India (ECI). While BJP allies have shown remarkable compliance during the first two years of the current NDA government, they typically agree readily with the government's stance on any issue. Nevertheless, as the governing coalition relies on these partners to retain its majority, public scrutiny from allies can significantly diminish the administrative shelter the executive might otherwise provide to a constitutional appointee like the CEC. If an influential BJP figure like former education minister Dharmendra Pradhan can be disregarded, a retired bureaucrat like Gyanesh Kumar can be dismissed even more readily if the liabilities around him become too overwhelming. Meanwhile, the conflict has expanded to the judiciary through two distinct paths of appeal before the Supreme Court. The first challenge directly questions specific administrative and technological decisions made by the CEC, alleging that key policies and software modifications were implemented unilaterally without the unanimous agreement of the three-member ECI. The second petition addresses the constitutionality of the 2023 selection process, which replaced the Chief Justice of India (CJI) on the selection panel with a Union cabinet minister, thereby shifting the panel's balance to an executive-dominated two-to-one majority. Both cases have the potential to unravel controversies surrounding the ECI. Intricately, Section 16 of the 2023 legislation grants serving and former election commissioners immunity from civil or criminal proceedings for actions performed in the course of their official duties. While this provision effectively protects the CEC from individual prosecution under current law, the provision remains vulnerable to judicial scrutiny. If the Supreme Court deems such blanket immunity unconstitutional, Gyanesh Kumar could face not only dismissal but also criminal charges for some of his clearly biased decisions and actions. However, the overriding political issue is the BJP's steadfast refusal to relinquish its positions, even if they are unreasonable or unpopular, driven by a conviction that it possesses greater endurance than the fleeting winds of public opinion. During an earlier controversy involving the demand for a cabinet minister's resignation, a BJP minister confidently asserted to a press conference, \"We are the NDA, not the UPA. We don't give in.\" The defiant stance of the CEC and the Prime Minister's Representative (SIR) by BJP spokespersons, Chief Ministers, and functionaries in recent days indicates that such an attitude is likely to be the BJP's preferred way to resist, rather than removing an individual to diffuse the controversy and prevent damage to past electoral results and upcoming state elections. The BJP's unwillingness to yield reassures party members and cabinet members that the central leadership will stand by them against external attacks rather than sacrificing them for short-term news cycles. Nevertheless, the continued presence of the Chief Election Commissioner may lead to the Opposition claiming it as a significant triumph, casting doubt on past electoral outcomes and creating substantial uncertainty ahead of forthcoming state elections.",
  "summary": null,
  "key_points": [
    "Congress party organizes 930 protest actions against CEC in one week.",
    "Opposition lawmakers prepare impeachment notices against Chief Election Commissioner.",
    "BJP's unwillingness to remove CEC raises doubts about electoral system's credibility."
  ],
  "editors_take": null,
  "illustration": null,
  "coverage": {
    "outlets": 1,
    "also_reported_by": []
  },
  "ai_generated": true,
  "disclaimer": "Summaries, key points and the editor’s take are written by software from other outlets’ reporting and may contain errors — always check the linked original."
}