Why in 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 (LoP) Rahul Gandhi.

The process has sparked controversy due to opposition objections and pending Supreme Court cases. 

What’s in Today’s Article?

• Evolution of the Appointment Process of CEC
• LoP’s Dissent and Supreme Court Challenge
• Why was the Appointment Process Changed?
• Implications and Unresolved Issues
• Conclusion

Evolution of the Appointment Process of 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:

• LoP 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. 

Why was the Appointment Process Changed?

• 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.