Podcasts

Does Gyanesh Kumar have immunity from the law? | South Central 96

South Central examines the Election Commission’s Special Intensive Revision, the protests against it, and the legal immunity granted to Election Commissioners under the new law.

Dhanya Rajendran, Anisha Sheth

In this week's South Central, hosts Dhanya Rajendran and Anisha Sheth are joined by activist Shivasundar to discuss the nationwide protests against the Special Intensive Revision (SIR) of electoral rolls and the demand for Chief Election Commissioner Gyanesh Kumar's removal.

Listen and follow on YouTube

Listen and follow on Apple

Listen and follow on Spotify

“The wisdom of the old and the energy of youth must come together” remarks Shivasundar and adds that there are nuances that need to be cleared out, yet “morally and politically, ‘Gyanu, it is done bro,’ but legally it is a long way.”

He urges civil society to introspect on why West Bengal's resistance to the SIR, largely involving Muslims, did not draw the same attention. Dhanya asks why it took so long for the anger to spread nationwide, and recalls that mass Form 7 filings were tried in Karnataka in 2023 as well. Anisha, who broke the Form 7 story in Karnataka, wonders whether vigilant civil society pushed the ECI to share more data. 

In the second part of the discussion, they are joined by lawyer and legal scholar Alok Prasanna, co-founder of the Vidhi Centre for Legal Policy, who talks about the legal immunity enjoyed by the CEC.

Alok explains that the 2023 law gives election commissioners judge-like immunity for actions beyond deciding cases, though not for conduct before their appointment. 

He argues the provision can be challenged and struck down, noting that the pending challenge has been complicated by a conflict-of-interest controversy involving Justice Sharma. He adds that the revised Form 6 never followed the statutory procedure, and that the wide powers the Supreme Court gave the ECI in the Bihar judgment are now being walked back.

Tune in to this discussion here.

Audio timecodes 

00:00:00 - Introduction

00:01:42 - Headlines

00:08:12 - SIR protests

00:27:19 - Can Election Commissioners be prosecuted?

00:56:55 - Recommendations

References

Adani’s insolvency edge: 3 in every 5 bids won, Rs 97,700 cr in haircuts, and some unexpected turns

Why a Buddhist activist has challenged the full version of Vande Mataram

Justice Madan Lokur on SIR, fear in judiciary | Meta’s CSAM problem | South Central 92

Same pattern, more names: Form 7 objections in Karnataka’s Bhalki targets Muslim voters

8 emails in 7 days, but valid Goa voters still left out: EC’s flawed system

Goa case of 97 voters: One day after Express report, deleted voters asked to submit Form 6

Recommendations:

Dhanya Rajendran

City of Sweat

Heat, lost income, and violence: How Chennai women are bearing the cost of a hotter city

Anisha Sheth

Understanding Fascism

K Balagopal’s essays

Shivasundar

IF WE BURN: The Mass Protest Decade and the Missing Revolution

Revolution without Revolutionaries

Alok Prasanna Kumar

Railsong

In The Mood For Marriage | Episode 1 | Kannada Web Series | ಮೊದಲನೇ ಗಂಟು

Support our legal fund. Click here

Check out the recommendations and references from this episode.

Check out the list of headlines discussed in South Central

Support South Central: https://pages.razorpay.com/south-central

Send your thoughts, suggestions, and criticism as well.

Contribute to our reporting fund. Click here

To check out our other shows, Click here 

To not miss any updates, join TNM's WhatsApp Channel! Click here

You can also let us know what you think by filling out our quick feedback form. Your suggestions help shape future episodes of South Central. 

To not miss any updates, join TNM's WhatsApp Channel! Click here

Producer - Akshay Lal, Editor - Jaseem Ali, Camera - Sreerag T K, Social Media - Anakha C J

Follow TNM's WhatsApp channel for news updates and story links.