The Law Ministry announced the appointment of Gyanesh Kumar, Election Commissioner, as the next Chief Election Commissioner (CEC), following a new law governing the selection of Election Commission (EC) members. Kumar is all set to take charge today. The selection committee was headed by Prime Minister Narendra Modi, Union Home Minister Amit Shah, and Leader of Opposition Rahul Gandhi, and the decision was made in Delhi. Kumar succeeds Rajiv Kumar, who retired on Tuesday.
Following the announcement, Rahul Gandhi issued a ‘dissent note’ to PM Modi and Amit Shah, questioning the ‘midnight decision’ to appoint a new CEC. He called for the appointment to be deferred until the Supreme Court rules on petitions challenging the new appointment process.
The Election Commission (EC) consists of three members including one Chief Election Commissioner (CEC) and two Election Commissioners. While all members are equal, the CEC is the “first among equals,” similar to the Chief Justice of India. Previously, the President appointed the CEC and ECs based on the Prime Minister’s advice, with the senior-most Election Commissioner typically succeeding the CEC.
Under the old system, Gyanesh Kumar would have been appointed as CEC after Rajiv Kumar’s retirement, since both Kumar and Sukhbir Singh Sandhu were Election Commissioners and IAS officers from the 1988 batch. However, this time, the process is not as easy.
The new Chief Election Commissioner (CEC) was appointed under the Chief Election Commissioner and Other Election Commissioners Act, 2023, which sets the process for selecting the CEC and Election Commissioners (ECs).
According to the law, a search committee headed by the Law Minister, currently Arjun Ram Meghwal, along with two senior bureaucrats, prepares a shortlist of five candidates. This list is then forwarded to a Selection Committee consisting of the Prime Minister, the Leader of Opposition and a Cabinet Minister nominated by the PM.
The new process allows the committee to consider candidates beyond the shortlist.
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