Congress MP Shashi Tharoor has asserted that the Narendra Modi government granted Chief Election Commissioner Gyanesh Kumar legal immunity through a 2023 law, saying the Opposition is working on articles of impeachment and will pursue his removal if he does not resign. In an interview, Tharoor linked the demand to alleged irregularities in the Special Intensive Revision of electoral rolls, stating that the Opposition wanted the exercise suspended, unlawfully deleted voters restored, and the software used in the process reviewed.
Tharoor stated that the Chief Election Commissioner lacks constitutional protection from removal through standard means but enjoys legal protection enacted by the ruling government toward the end of 2023. He alleged the legislation was passed during a parliamentary session when the entire Opposition had been expelled from the House, noting that the Constitution provides for impeachment and that the Opposition is actively drafting articles toward that end. The lawmaker urged Kumar to step down on moral grounds, questioning how he could conduct credible elections when opposition parties had lost faith in him.
Section 16 of the Chief Election Commissioner and Other Election Commissioners Act of 2023 bars courts from entertaining civil or criminal proceedings against a serving or former election commissioner for acts connected with official duties, though the provision faces a challenge in the Supreme Court. Article 324 of the Constitution specifies that the Chief Election Commissioner can be removed only in the manner and on the grounds of a Supreme Court judge.
Elaborating on the electoral roll issues, Tharoor called for the suspension of the revision exercise, the review of the software used, and the cancellation of changes made to specific application forms. He alleged that the system prevented local registration officers from overriding deletions and pointed to reported irregularities and the scale of voters struck off the rolls. He argued that the process unfairly shifted the burden of proof onto citizens and cited instances where long-standing eligible voters faced sudden verification challenges.
Tharoor also criticized the decision to denotify Jantar Mantar as a designated protest site, stating that alternative locations such as Burari or grounds across the Yamuna pushed demonstrations far away from the authorities they intended to reach. He concluded that the Opposition's immediate objective was to restore the integrity of the electoral process, ensure a level playing field, and secure an impartial commission capable of conducting free and fair elections.