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New Delhi: Rajya Sabha Chairman and Vice-President C.P. Radhakrishnan while rejecting the notice to move a motion of impeachment against Chief Election Commissioner Gyanesh Kumar has said that the opposition notice signed by 63 MPs in the Upper House lacked “proofs necessary to constitute misbehaviour”. The order says that the charges levelled by the opposition are “relevant for political debate” but “do not prima facie meet the high constitutional bar for removal proceedings.” It also said that removal proceedings cannot be founded on “vague and subjective apprehensions or perceived political outcomes.”

The opposition in its two separate notices moved in the Lok Sabha and Rajya Sabha on March 12 had accused Kumar of “misbehaviour” and listed seven charges. On April 6, both notices were rejected. The notice in the Rajya Sabha was signed by 63 MPs while the one in the Lok Sabha was signed by 130 MPs. The notices, moved separately in both Houses, were rejected, and no reason was provided in the bulletins published on April 6.

‘Political perceptions would jeopardize its very independence’

The order now seen by The Wire provides reasons to the charges levelled by the opposition. The 17-page order by the Chairman’s office dated April 6, states that removal motions “based on administrative disagreements or political perceptions would jeopardise” the very independence of the Election Commission that the Constitution aims to safeguard.

“By their very nature, its (Election Commission) decisions are bound to carry political consequences, irrespective of the course adopted. In view of this unique constitutional role, any proposal for the removal of the Chief Election Commissioner must be examined with utmost care and circumspection, striking a careful balance between preserving the institutional independence of the Commission and the right of Members to initiate a Motion,” the order said.

“Such a Motion can be admitted only where there exists credible material disclosing a prima facie case. Admitting removal motions based on administrative disagreements or political perceptions would jeopardize its very independence the Constitution aims to safeguard.”

‘High bar’ for removal

Radhakrishnan in his order said that the allegations levelled by the opposition “lack proofs necessary to constitute misbehaviour which establishes a prima........

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