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The Prime Minister and Union Ministers belong to the political executive and are accountable to Parliament and, ultimately, the electorate. Under Article 75(3), the Union Council of Ministers is collectively responsible to the Lok Sabha. Demanding a minister’s resignation over policy failures, administrative lapses or loss of public confidence is legitimate democratic politics. The resignation of Education Minister Dharmendra Pradhan amid protests over examination irregularities illustrates this form of political accountability. Nevertheless, public pressure alone does not legally compel a minister to resign.
Government officers, by contrast, are governed by applicable laws, service rules and disciplinary procedures. Independent constitutional functionaries enjoy additional safeguards against arbitrary removal. Under Article 324(5), the Chief Election Commissioner can be removed only in the same manner and on the same grounds as a Supreme Court judge.
The Opposition has every right to question electoral-roll revisions, demand transparency and seek investigations into alleged irregularities. Peaceful protest at Jantar Mantar is a democratic right. But demanding that Gyanesh Kumar should resign or Prime Minister Narendra Modi procure the CEC’s resignation—or resign himself if he refuses—raises a fundamentally different constitutional question.
My take is That even if all citizens unanimously demand the CEC’s resignation, that demand alone could not override the Constitution’s removal safeguards.
If the Opposition claims to be restoring constitutionalism, it must respect institutional independence and due process even when these safeguards frustrate its political demands. Democracy protects dissent; constitutionalism ensures that neither political power nor public pressure stands above the Constitution.
Advocate Ran Bahadur Singh
Anandpur Sahib, Punjab
M-6280237099
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