Congress Leader Critiques Dismissal of Impeachment Motion Against Chief Election Commissioner

Congress leader Abhishek Manu Singhvi has expressed his disapproval regarding the rejection of the opposition's proposal to remove Chief Election Commissioner Gyanesh Kumar. During a press conference, Singhvi stated that the impeachment process has effectively been reduced to the decision of a single individual. He emphasized that this limitation undermines the integrity of democratic institutions, including the Supreme Court and any further investigations that could be initiated through its consultation.

 

Singhvi questioned the constitutional powers of the presiding officer, asking whether the framers of the Constitution, including Dr. B.R. Ambedkar (whose birthday is next week), ever envisioned that such significant responsibilities would be concentrated in the hands of one person, leading to a lack of accountability. He referred to the six stages of impeachment as outlined by the Supreme Court: acceptance phase, committee formation, determination of charges by a committee of senior judicial judges, submission of a report, parliamentary discussion, and action for removal by the President. Singhvi clarified that a recent Supreme Court ruling has effectively merged all six stages into the discretion of the presiding officer, thereby truncating the process at the initial stage.

He further argued that this consolidation of the six stages implies that only the presiding officer can view that power, structure, and sequence with such a narrow perspective. If this approach continues, how can one expect to conduct impeachment proceedings within the committee? How can the collective process of parliamentary discretion be utilized? Singhvi criticized this flawed process, stating that it leads to a mismanaged trial. It takes each allegation and provides the presiding officer's opinion on it. One does not need to be a lawyer to understand that if the presiding officer gives their opinion on each allegation, impeachment proceedings cannot proceed.

 

He also pointed out that the order issued, referencing the Supreme Court's decision, conflates judicial and political processes into a unilateral decision by one individual. Singhvi cited the Supreme Court's statement in the order, noting that Parliament rarely resorts to the impeachment mechanism created through political processes under the Constitution. This, he argued, is being overlooked.