The opposition has taken its political battle against Chief Election Commissioner Gyanesh Kumar to the Supreme Court, lodging challenges regarding recent voter list revisions and the operational methods of the poll panel. Under Article 32 of the Constitution, the apex court possesses the authority to examine whether official actions infringe upon fundamental rights and possesses the power to invalidate unlawful decisions. However, legal experts note that the judiciary does not have the jurisdiction to remove the CEC from office.
According to Article 324, Clause 5, the Chief Election Commissioner can only be removed through a special parliamentary impeachment process comparable to the removal of a Supreme Court judge, which requires proof of proven misconduct or incapacity. Citing historical judicial interventions in matters such as the Rafale, PMLA, and electoral bond cases, legal analysts emphasize that the judiciary cannot substitute the legislature or the Election Commission, highlighting the delicate balance courts must maintain between ensuring state accountability and avoiding judicial overreach.