oppn parties When Street Power Tries to Override Constitutional Process

News Snippets

  • Allahabad HC said that the UP Police is acting as law unto themselves as they detained a person unlawfully even before his arrest
  • Kolkata witnesses traffic snarls on the first day of the Durga Puja festival as revellers start pnadal-hopping
  • Neha Bora was subsequently released and Dipke is to appear before a magistrate today at noon
  • Delhi Police detained Cockroach Janta Party founder Abhijeet Dipke, Neha Bora of AISA, student leaders and supporters ahead of a rally in Connaught Place demanding Chief Election Commissioner Gyanesh Kumar's resignation. The protest followed the detention and jailing of two CJP leaders earlier in the week over demonstrations at Jantar Mantar
  • The Reserve Bank of India is considering further monetary tightening to counter capital outflows and increase the cost of betting against the rupee, according to bankers and analysts cited by Reuters. The measures follow recent rate increases and steps to drain liquidity as pressure on the currency and inflation concerns persist
  • India directed oil marketing companies to stop diverting sugar-based feedstocks for ethanol production in the 2026–27 supply year, according to a new tender issued on Friday. The companies have invited bids for 11 billion litres of ethanol made from alternatives including corn and broken rice, amid concerns about domestic sugar supplies and prices
  • Finance Minister Nirmala Sitharaman said India's trade imbalance with China was growing sharply and attributed the problem partly to restrictions on Indian goods and services entering the Chinese market. China subsequently said it was ready to work with India to address mutual economic and trade concerns; India's trade deficit with China reached $69 billion in the first half of FY2026–27, up 27% year-on-year
  • Indian equity benchmarks extended their recovery on Friday, with the Sensex rising 413.66 points to close at 74,729.27 and the Nifty 50 gaining 148.80 points to settle at 23,146.15. Information technology shares, including Tech Mahindra, Infosys and TCS, helped lift the indices
  • India defeated Zimbabwe by four wickets in the opening women's T20 International in Raipur, taking a 1–0 lead in the three-match series. Deepti Sharma and Niki Prasad combined in an 82-run stand after India's top order collapsed, helping the hosts chase down Zimbabwe's total of 114 for five
  • Indian wrestler Komal won bronze in the women's 59 kg category at the Under-23 World Wrestling Championships in Las Vegas, defeating Kazakhstan's Viktoriia Khusainova 7–2. Fellow Indian Amruta Pujari advanced to the women's 72 kg final after recording two pinfall victories
  • Indian shuttler Jagsher Singh Khangurra secured a bronze medal at the BWF World Junior Badminton Championships in Cairo
  • The Supreme Court of India upheld the Bombay High Court's decision quashing the 2020 write-off of ₹8,415 crore in additional tier-1 bonds issued by Yes Bank (Yes Bank). The court ruled that the bank's administrator lacked the authority to extinguish the bonds under the final reconstruction scheme, strengthening bondholders' claims
  • The Supreme Court issued notices to the Election Commission of India, Delhi Police and opposition leaders, including Rahul Gandhi and Akhilesh Yadav, in separate petitions concerning electoral-roll revision and protests held in Delhi on October 10–12. The court also directed the preservation of CCTV footage linked to allegations of police excesses
  • The Supreme Court ruled that a person converting from Hinduism to Islam cannot automatically claim backward-class reservation benefits in the new religious community solely on the basis of their previous caste status. The judgment upheld the Madras High Court's decision striking down a 2024 Tamil Nadu government order that permitted such certification for specified communities
  • The Election Commission of India ordered a Special Summary Revision of electoral rolls in 14 states and three Union Territories, using January 1, 2027, as the qualifying date for voter eligibility. The draft rolls are scheduled for publication on November 12, claims and objections will be accepted until December 11, and the final rolls are due on January 4, 2027
Delhi HC refuses to ban CJP's Tiranga rally at Central Park in Connaught Place today /////// Police says will control and regulate it /////// NDMC closes the park for the public on Friday and Saturday
oppn parties
When Street Power Tries to Override Constitutional Process

By Sunil Garodia
First publised on 2026-09-25 03:09:35

About the Author

Sunil Garodia Editor-in-Chief of indiacommentary.com. Current Affairs analyst and political commentator. Author of Cyber Scams in India, Digital Arrest, The Money Trap and The Human Hack

There is nothing wrong with demanding the resignation of a minister. Ministers are political actors. They answer to the government that appoints them, to the legislature, to their political parties and ultimately to the electorate. If sustained public pressure leads an Education Minister to resign, that is part of democratic politics. Political movements are entitled to demand it and governments are entitled to decide whether to yield. The position of the Chief Election Commissioner is different. The Cockroach Janata Party has now given CEC Gyanesh Kumar 48 hours to resign and threatened nationwide protests if he does not. That is not merely another political demand. It seeks to make street mobilisation a substitute for the constitutional process governing the removal of the head of an independent constitutional authority.

The immediate backdrop is serious and cannot simply be dismissed. An investigation by The Indian Express, published on September 23 by journalist Ritika Chopra, reported that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had formally objected at least 14 times over ten months to decisions and orders concerning the Special Intensive Revision of electoral rolls. The reported objections concerned matters including changes to Form 6, centralisation of electoral-roll database controls, voter-deletion appeals in West Bengal and the failure to add some eligible voters to the rolls in Goa. The Election Commission subsequently said that all decisions, including those relating to SIR, had the approval of all three commissioners. These are serious issues and deserve examination. But the seriousness of the allegations does not alter the constitutional status of the office being targeted.

The Constitution itself makes that distinction clear. The proviso to Article 324(5) says that the Chief Election Commissioner shall not be removed from office except in like manner and on like grounds as a Judge of the Supreme Court. Section 11(2) of the Chief Election Commissioner and Other Election Commissioners Act, 2023, repeats the same protection. This is not a procedural convenience designed to protect an individual CEC. It is an institutional safeguard intended to protect the Election Commission from arbitrary removal by political forces. The Chief Election Commissioner is therefore not in the same category as a minister whose political survival can depend upon the intensity of a street campaign. The distinction exists precisely because the Election Commission must sometimes take decisions that political parties dislike.

That is what makes the CJP's 48-hour ultimatum troubling. The organisation is perfectly entitled to demand that Gyanesh Kumar resign. It is entitled to campaign against him, organise peaceful demonstrations, challenge Election Commission decisions before the courts and demand that Parliament consider the constitutional removal process. It is even entitled to announce a nationwide political campaign. The problem is not that protest is unlawful. The problem is that a political organisation is giving a constitutionally protected office-holder a deadline and declaring that failure to comply will trigger mass mobilisation. The danger lies in turning that combination of deadline and agitation into a de facto removal mechanism. If this becomes an accepted political method, the next Chief Election Commissioner could face exactly the same treatment whenever a powerful political movement disagrees with the Commission's decisions.

The CJP has an obvious counterargument. The formal removal mechanism may be politically unrealistic, particularly when the government and its allies control the parliamentary numbers necessary to initiate and sustain such a process. If Parliament will not act, why should a political movement simply wait? That is a legitimate political question. But the answer cannot be that constitutional safeguards disappear when the prescribed route becomes inconvenient. If the removal mechanism is inadequate, the demand should be to use it or change the law. A political organisation can build public pressure for such change, take evidence to the courts, demand parliamentary scrutiny and campaign before the electorate. It cannot turn the difficulty of the constitutional route into permission to create an alternative based on an ultimatum.

Nor would Gyanesh Kumar's resignation settle the substantive questions now being raised. It would not establish whether the objections recorded by Sandhu and Joshi were justified. It would not determine whether voters were wrongly excluded from electoral rolls. It would not answer the questions raised about SIR or the functioning of the Commission's electoral-roll systems. It would simply change the person occupying the office. If the CJP genuinely believes that the electoral process has been compromised, establishing what happened should matter more than securing a resignation within 48 hours.

The proper response is therefore straightforward. The Election Commission should publicly explain the objections recorded by Sandhu and Joshi and, to the extent legally permissible, release the relevant notes along with its responses to them. It should explain why the disputed decisions were taken and whether the objections led to any changes in policy or procedure. Courts can be approached where questions of legality arise, and Parliament can examine whether the existing legal framework is adequate. If the material ultimately establishes misconduct or criminality, the appropriate legal processes should follow. None of this stops political parties from demanding answers. That is how a serious allegation against a constitutional institution should be tested: through evidence, disclosure and scrutiny, not by making a resignation deadline the only remedy. The CJP can protest. It can demand. It can campaign. It can litigate. It can attempt to persuade citizens that Gyanesh Kumar should leave office. But a 48-hour deadline announced at a press conference has no constitutional force. It is a political device, not a legal mechanism.

An independent constitutional institution must be accountable. It must not be untouchable. But accountability must operate through evidence, scrutiny and law, not through the proposition that the person at the top must resign because a political movement has given him 48 hours to do so. The gravity of the allegations against the Election Commission should not become an excuse for abandoning the constitutional safeguards designed to protect its independence.

If the CJP believes Gyanesh Kumar has violated the law, it should establish the case and pursue the constitutional remedy. If it believes the constitutional remedy is inadequate, it should campaign to change it. What it should not do is demand that a constitutional authority resign within 48 hours and then treat nationwide agitation as the enforcement mechanism. A protest can challenge a government. It can expose an institution. It can change public opinion. It cannot, by itself, rewrite the Constitution.