Gyanesh Kumar faces growing electoral roll controversy

Chief Election Commissioner Gyanesh Kumar is accused of political bias and has faced repeated objections from fellow commissioners over electoral roll decisions. Kumar has been accused of speaking political language and giving undue advantage to the Bharatiya Janata Party. An investigation reported that two members of the Election Commission, Sukhbir Singh Sandhu and Vivek Joshi, raised concerns with Kumar at least 14 times in 10 months. The objections concerned electoral roll decisions and orders, with some reportedly taken without the knowledge of Sandhu and Joshi.

Kumar was alleged to have shown loyalty to Union Home Minister Amit Shah and Prime Minister Narendra Modi. The two Election Commissioners recorded at least 14 objections over a 10-month period regarding decisions on the Special Intensive Revision of electoral rolls. Their objections concerned Form 6, voter additions and deletions, control of electoral databases, and implementation of poll panel decisions. In one instance, Sandhu and Joshi wrote a letter complaining to the cabinet secretary, the top bureaucrat in the Indian government.

The Election Commission is conducting a Special Intensive Revision of the electoral database across the country. The ECI states the aim is to ensure no ineligible name remains on the electoral rolls. The last such revision was done nearly a quarter of a century ago. The exercise has seen 130 million names struck off the voters' list across India. Millions of voters have complained that their names are missing. They say the new registration process is too cumbersome and requires documents many do not possess. Former CEC SY Quraishi criticized the SIR from the beginning and noted that Sandhu and Joshi had been quietly protesting.

Legal and procedural challenges to Kumar’s position and the governing law

Kumar is the first chief election commissioner appointed under a new law brought by the Modi government. The new law overturns a mechanism recommended by India’s Supreme Court. It gives the government authority to pick election commissioners of its choice and grants immunity to the election commissioner for any action taken regarding conducting elections. The opposition’s challenge to the law has not made much progress in the Supreme Court, but a five-judge constitutional bench is expected to start hearing it.

Article 324(5) gives the CEC the same removal protection as a Supreme Court judge. A parliamentary motion on grounds of proven misbehavior or incapacity must be passed by special majorities in both houses to remove the CEC. No such move has ever succeeded. Earlier this year, the chairpersons of both the upper and lower houses of Parliament rejected the opposition’s notice for Kumar’s removal. The Modi government is expected to wait for the proceedings at the apex court. The ruling party is expected to garner public sympathy for Kumar and his 'bold actions'.

Congress MP Gaurav Gogoi made an accusation on September 23. He demanded the 2023 law protecting the Chief Election Commissioner be declared unconstitutional. A fresh notice to remove Kumar was submitted in the Rajya Sabha in April, signed by 73 opposition MPs citing alleged proved misbehaviour. A similar removal notice in the Lok Sabha was rejected by Speaker Om Birla; the Rajya Sabha motion was rejected by Chairman C P Radhakrishnan. Gogoi suggested Kumar might consider a future political role, such as a seat in the Rajya Sabha or a ministerial post.

Protests and public backlash over electoral roll revisions

Student leader Neha Bora announced on September 30 that agitations demanding Kumar’s resignation would begin in major Indian cities on October 2. Bora was part of the youth agitation in July that forced Dharmendra Pradhan out of office as education minister. The Cockroach Janta Party, which spearheaded that July agitation, gave Kumar 48 hours to quit after the Indian Express report was published. CJP leader Abhijit Dipke wrote on social media the day the report was published. "Gyanesh, it’s done bro," Dipke said.

On September 25, Jantar Mantar premises in New Delhi were heavily barricaded as organizations and activists, mostly leftists, marched. Several protesters were detained. Congress workers demonstrated in different states over the past few days, including a rally outside the Election Commission’s office in the national capital. After some Congress workers defaced the gates and walls of Kumar’s residence in the BJP-ruled state of Uttar Pradesh, police booked them under charges of attempt to murder.

BJP supporters argue that cleaning the rolls is a legitimate duty of the government. Some BJP leaders have demanded that Kumar be awarded some of India’s highest civilian awards for his service in electoral reforms. October is a month when festivals will be celebrated in most parts of the country. It would not be easy for protesters to maintain momentum during this period.

CPI(M) Rajya Sabha MP John Brittas wrote to President Droupadi Murmu seeking urgent constitutional intervention over the Election Commission’s functioning and roll integrity. Brittas raised concerns about changes to Form 6, control and access of electoral databases, and authorisation of appeals by the poll panel. The Election Commission denied any internal split, stating all decisions, including the SIR, were taken unanimously with approval of CEC Gyanesh Kumar and both Election Commissioners. The Commission said internal questioning is normal and disagreements can be resolved by majority vote. Gyanesh Kumar has been Chief Election Commissioner for about a year and a half.

A five-judge constitutional bench is expected to start hearing the challenge to the law that appointed Gyanesh Kumar as Chief Election Commissioner.