MODI CAN'T ACCEPT RESIGN....CJI TO REMOVE CEC GYANESH? CJI TO END SIR ORDER OF ECI ? #cjisuryakant

Jantar Mantar has become the centre of a growing constitutional and political confrontation over Chief Election Commissioner Gyanesh Kumar. For the second consecutive day, protesters gathered in Delhi demanding Kumar’s resignation. On October 3, senior advocates including Kapil Sibal and Prashant Bhushan, along with activists Yogendra Yadav and Neha Bora, were among those detained as protesters marched towards Jantar Mantar. Reports put the number of detentions at around 150 on the second day. A day earlier, hundreds of protesters were detained as Delhi Police enforced restrictions around Jantar Mantar. Section 163 of the BNSS was in force in New Delhi, restricting assemblies, processions and demonstrations without prior permission. But beyond the barricades lies a much bigger constitutional question: Can the government simply remove the Chief Election Commissioner? Under Article 324(5), the CEC can be removed only in the same manner and on the same grounds as a Supreme Court judge. That means removal requires the parliamentary process prescribed for such removal—not an executive order. And resignation is different: it would have to be voluntarily tendered by the CEC. So if the government cannot simply remove the CEC, and the Supreme Court cannot directly order his removal, what is the constitutional mechanism for removing a CEC? The answer leads to the parliamentary removal process—and to an earlier attempt to initiate that process against Gyanesh Kumar. At the same time, another constitutional issue is pending: the 2023 law governing the appointment of Election Commissioners, which changed the composition of the selection panel. The Supreme Court's earlier judgment in Anoop Baranwal v. Union of India had prescribed a selection mechanism involving the Prime Minister, Leader of Opposition and Chief Justice of India until Parliament enacted a law. The later legislation replaced the CJI in the selection committee with a Union Cabinet Minister. That law is now part of the broader constitutional debate surrounding the Election Commission. Meanwhile, protesters continue to demand Kumar's resignation, while the Election Commission and the government have rejected allegations of wrongdoing. The Commission has also said that internal differences among Election Commissioners are part of institutional decision-making. So the real question is not just what is happening at Jantar Mantar. It is this: If the government has a decisive role in appointing the CEC, while removal requires a constitutionally difficult parliamentary process, how should accountability of the Election Commission work? And with the appointment law itself facing constitutional scrutiny, what role can the Supreme Court play—and what can it legally not do? Watch the full video for the constitutional answer. What do you think? Comment below. I read them. #GyaneshKumar #ChiefElectionCommissioner #CEC #ElectionCommission #JantarMantar #SupremeCourt #Article324 #IndianConstitution #ElectionCommissionOfIndia #DelhiProtest #SIR #lawchakra ------------------------------------------------------------------------------------------------------------- For promotions and Collaborations reach us on- enquire@lawchakra.in Follow us on Twitter:-   / lawchakra   Follow us on Whatsapp : https://whatsapp.com/channel/0029VaP5... Join this channel to get access to perks:    / @lawchakra   Visit Our Website:- https://lawchakra.in/ Patna High Court Karnataka High Court Live Stream. #Patnahighcourt #SupremeCourtofIndia #Supremecourt Courtesy :- Supreme Court of India Books on Constitution:- https://amzn.to/3rqFpbh Tools Used for editing:- 1. https://amzn.to/3EelR1r 2. https://amzn.to/3TWe6o7 For business Enquiries:- enquire@lawchakra.in #SupremeCourt#Mussorrie #advocate #lawyer #legal #livehighcourt #indianlaw #law #live #court #argument #criminaljustice #guiltyminds #learnadvocacy #courtlive #justicelive #lawmotivation #beajudge #ias #judge #law #legal #patnahighcourt #justiceashutoshkumar #judiciary #motivation #learnlaw #IAS #supremecourtofindia #IPS #2022 #Patnahighcourtstream #orissahighcourt #SupremeCourt #Orissahighcourt#GujaratHighCourt #Law #Chakra#JusticeAshutoshkumar *This Video is strictly for Legal Awareness & Education Purpose only.📚 🙏 Follow us on twitter, Instagram and facebook. @Lawchakra 👉Twitter   / lawchakra   👉 Instagram.   / lawchakra   📑*Fair Use Policy -* Copyright Disclaimer under Section 107 of the copyright act 1976, allowance is made for fair use for purposes such as criticism, comment, news reporting, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favour of fair use.