The battle over CEC Gyanesh Kumar isn't over – here’s the twist

New Delhi: The possible removal of Chief Election Commissioner (CEC) Gyanesh Kumar and a proposed special sitting of Parliament on delimitation and women’s reservation have brought two constitutional issues on the fore. Lok Sabha Speaker Om Birla has said any motion against the CEC will be handled under the prescribed procedure, while the decision to reconvene the House rests with the government.

He said the process for ousting the election commissioner follows the same constitutional procedure used to remove a Supreme Court judge. Any notice submitted to the Lok Sabha will be considered under the applicable rules.

Undeterred by the dismissal of their initial motion, Opposition parties are preparing to bring a new motion aimed at unseating Kumar. On March 12, 2026, 130 Lok Sabha MPs and 63 Rajya Sabha MPs signed notices seeking a motion for Kumar’s removal. The Lok Sabha Secretariat’s official bulletin confirms that Speaker Om Birla refused to admit the notice under the Judges (Inquiry) Act, 1968. 

The Opposition had objected to the rejection, saying no reasons had been provided. The Opposition’s move follows criticism of the Election Commission’s handling of voter-list revisions. In September, The Indian Express reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had raised objections to electoral-roll decisions at least 14 times over a 10-month period. The INDIA bloc (a coalition of Opposition parties) has cited the report in support of their notice against Kumar.

Govt to decide on special Parliament sitting

Birla has also said the government must decide whether to convene a special sitting to consider constitutional amendment proposals on delimitation and women’s reservation.

Parliament’s Monsoon Session ended on August 13, 2026, after 19 sittings over 25 days. The Ministry of Parliamentary Affairs confirmed that both Houses were adjourned sine die, but the session has not been formally prorogued. That distinction has become important as the government considers calling MPs back before the end of October.

Prorogation formally brings a session to a close. Since the Monsoon Session has not been prorogued, Lok Sabha Secretariat sources have said the government could call another sitting as part of the existing session. The sitting could be described as a special session or as a continuation of the Monsoon Session. The government has not announced a date or formally confirmed the proposed meeting. 

A notice period of three to seven days could be given to MPs to help them plan their schedules, said the sources. There is no constitutional requirement for a 14-day notice before the Winter Session. That period is generally followed to give members time to submit questions and prepare for parliamentary business. The Constitution requires that no more than six months pass between two sessions of Parliament.

Delimitation Bill needs two-thirds support

The proposed legislation on delimitation and women’s reservation poses another challenge for the government. A constitutional amendment requires a special majority in Parliament, including support from at least two-thirds of members present and voting in each House. The government has to assess whether it has the required numbers before deciding when to bring the proposals back.

The Constitution (131st Amendment) Bill, 2026, which sought to advance the proposed changes, failed to secure the required majority in the Lok Sabha in April. The government is now exploring support from parties outside its alliance before making another attempt. 

Reports said that the proposed special sitting could be scheduled around the 12th BRICS Parliamentary Forum on October 26 and 27. 

Rijiju reaches out to Opposition parties

Parliamentary Affairs Minister Kiren Rijiju has been contacting Opposition leaders to discuss support for the proposed legislation. In correspondence with Congress President and Rajya Sabha Leader of Opposition Mallikarjun Kharge, he said the government had approached several parties, including the Dravida Munnetra Kazhagam (DMK), the Samajwadi Party, the Shiv Sena (UBT) and the Biju Janata Dal.

He has argued that the government has made repeated efforts to consult Opposition parties. Kharge has sought an all-party meeting to discuss delimitation and women’s reservation before the government moves ahead with the proposed changes. He has also said he intends to raise the issues with Prime Minister Narendra Modi.