Appointment of Gyanesh Kumar as Chief Election Commissioner, Key Changes & Controversy

What’s in Today’s Article?

• Appointment of CEC Latest News
• Evolution of the Appointment Process of the CEC
• LoP’s Dissent and Supreme Court Challenge
• Reasons Behind Changes in Appointment Process
• Implications and Unresolved Issues
• Conclusion
• Appointment of CEC FAQs

Appointment of CEC Latest News

• Former IAS officer Gyanesh Kumar has been appointed as the Chief Election Commissioner (CEC) of India, succeeding Rajiv Kumar. 
• The appointment was made by a Selection Committee comprising Prime Minister Narendra Modi, Home Minister Amit Shah, and Leader of Opposition Rahul Gandhi. 
• The process has sparked controversy due to opposition objections and pending Supreme Court cases.

Evolution of the Appointment Process of the CEC

• Previous system of appointment:
  • The Election Commission of India (ECI) comprises a CEC and two Election Commissioners (ECs).
  • Earlier, there was no law passed by Parliament for the appointment of the CEC and ECs. The President appointed the CEC on the advice of the Prime Minister.
  • Traditionally, the senior-most Election Commissioner was elevated to CEC.
  • Seniority was determined based on the order of appointment notification.
• The new appointment process:
  • The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023 governs appointments now.
  • The process involves two stages:
    • The Search Committee (headed by the Law Minister) shortlists five names.
    • The Selection Committee (PM, Leader of the Opposition [LoP], and a Union Minister) chooses the final candidate.
    • The President officially appoints the CEC based on this recommendation.
• Eligibility and tenure under the new law:
  • The new law sets specific eligibility criteria:
    • Candidates must have held the rank of Secretary to the Government of India.
    • Must have integrity and experience in election management.
  • Terms of service:
    • CEC and ECs are not eligible for reappointment.
    • The total tenure cannot exceed six years (including service as EC and CEC).

LoP’s Dissent and Supreme Court Challenge

• Rahul Gandhi submitted a dissent note requesting a deferral of the appointment until the Supreme Court rules on petitions challenging the new process.
• The key challenge is the removal of the Chief Justice of India (CJI) from the Selection Committee.
• The Association for Democratic Reforms (ADR) has petitioned the Supreme Court against this change.
• The Supreme Court is set to hear the case on February 19, 2025, a day after Rajiv Kumar’s retirement.

Reasons Behind Changes in Appointment Process

• The Supreme Court had ruled in March 2023 that CEC and ECs should be selected by a committee comprising:
  • The Prime Minister
  • The Leader of the Opposition
  • The Chief Justice of India
• Before implementing this, the government passed the new Act, replacing the CJI with a Union Cabinet Minister (to be nominated by the PM), effectively giving the Executive more control.

Implications and Unresolved Issues

• Pending SC case: The Court may rule on whether Parliament can override a Constitution Bench judgment through legislation.
• Political debate: The opposition argues the government now has disproportionate control over the Election Commission.
• Impact on future elections: The legitimacy of the new selection process may influence public trust in the Election Commission’s independence.

Conclusion

• The appointment of Gyanesh Kumar as CEC marks the first implementation of the 2023 Act. 
• However, with a Supreme Court verdict pending, the debate over the independence and transparency of the Election Commission remains unresolved.

Appointment of CEC FAQs

Q1. What are the key changes introduced by the Chief Election Commissioner (CEC) and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023?

Ans. The Act establishes a Selection Committee comprising the PM, the LoP, and a Union Minister, replacing the earlier practice where the President appointed the CEC based on the PM’s advice.

Q2. Why has the new appointment process for the CEC been challenged in the Supreme Court?

Ans. It has been challenged on the grounds that it weakens the independence of the Election Commission and gives excessive control to the Executive.

Q3. What were the Supreme Court’s recommendations regarding the appointment of Election Commissioners in its 2023 judgment?

Ans. The Supreme Court recommended a Selection Committee comprising the PM, LoP, and CJI to ensure neutrality, until Parliament enacted a law on the subject.

Q4. What are the eligibility criteria for the appointment of the CEC under the 2023 Act?

Ans. The candidate must have held a post equivalent to the rank of Secretary to the Government of India, possess integrity, and have experience in election management.

Q5. How does the new appointment process impact the independence of the Election Commission of India?

Ans. By replacing the CJI with a Union Minister nominated by the PM, the new process potentially gives the ruling government more influence over the Election Commission, raising concerns about its impartiality.

Source: IE