CHIEF ELECTION COMMISSIONER

May 13, 2022

The President of India has appointed Rajiv Kumar as the Chief Election Commissioner in the Election Commission of India.

About:

  • Rajiv Kumar will assume the charge of office of the Chief Election Commissioner with effect from 15th of May. Sushil Chandra will demit the Office of the Chief Election Commissioner on 14th of this month.

  • View of Constitution: The power to appoint the CEC and the ECs lies with the President of India under Article 324(2) of the Constitution, which states that “the President shall fix the number of ECs in a manner he sees fit, subject to the provisions of any law made by Parliament”. Thus, Article 324(2) left it open for the Parliament to legislate on the issue.

  • Procedure: But, in the absence of any Parliamentary law governing the appointment issue, the ECs are appointed by the government of the day, without pursuing any consultation process. There is no concept of collegium and no involvement of the opposition.

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