Amid protests against Chief Election Commissioner (CEC) Gyanesh Kumar, Lok Sabha Speaker Om Birla on Thursday said if the Opposition brings any fresh impeachment motion against the poll officer, it will be examined according to rules and procedures. “If any fresh notice comes, we will see and examine it accordingly under rules and procedures,” Birla said at a press conference in the Parliament, responding to a question on a possible impeachment motion against the CEC.
The Opposition has twice attempted to impeach Kumar. In the first move, their notices were rejected by both the Lok Sabha Speaker and Rajya Sabha Chairman CP Radhakrishnan, while the notices submitted in the second attempt are still pending in the Upper House. There have been protests in the last fortnight in different parts of India seeking the resignation of Kumar over alleged irregularities in the Special Intensive Revision (SIR) of electoral rolls.
According to the Constitution and law on the appointment of the CEC and Election Commissioners, a CEC can only be removed by Parliament similar to the way a sitting Supreme Court judge is impeached.
Amid suggestions that the Government could convene an extended sitting of Parliament for the passage of the delimitation-linked women’s reservation Bill, Birla said any such a sitting can be convened on a short notice of two days.
While both the Houses were adjourned sine die (for an indefinite period), the Monsoon Session has not yet been prorogued or ended formally. On the issue, Birla said that it is the prerogative of the President of India, adding that it was not first time that such a long gap has been observed.
Birla said provisions of Article 85 are being followed when asked about prorogation of the Monsoon session. Article 85 governs the summoning, prorogation, and dissolution of Parliament by the President. There have been instances in the past when the Houses remained unprorogued for long periods, extending up to 87 days. There are several other such instances: 1987 (76 days), 1989 (54 days), 2006 (49 days), 2013 (49 days) and 1963 (41 days).
As the session has not been prorogued for over two months, there are indications that the Government could convene a special or extended sitting for the passage of an amendment to the Women’s Reservation Act. There is speculation that the Government does not want to push the proposed Bill to the Winter Session.
The Bill fell through in Lok Sabha in the Budget session in April during an extended sitting due to lack of numbers. “If session is prorogued, a minimum 14-day notice is needed to call the next session. If the session is not prorogued, then an extended sitting can be convened in two days,” explained a Parliament official.
Birla also said that he will expedite the process of taking a decision on the Trinamool Congress’ petitions seeking the disqualification of its 20 rebel MPs once he receives the responses of the lawmakers. “We will hear from both sides. When the responses come from the members, we will expedite the process,” Birla said at a press conference while replying to a question on the issue. Birla said the matter is under consideration of the Supreme Court too. The Press conference was convened by the Speaker to brief about the two 12th BRICS Parliamentary Forum meet in the national Capital on October 26-27.