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Context:

Appointment of New Chief Election Commissioner (CEC)

News in Detail

On February 17, 2025, Prime Minister Narendra Modi, Home Minister Amit Shah, and Leader of Opposition (LoP) Rahul Gandhi met to appoint Gyanesh Kumar, a former IAS officer, as the new CEC, replacing Rajiv Kumar.

This marked the first use of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, which overhauled the appointment process

Rahul Gandhi submitted a disagreement note, recommending the government to delay the appointment until the Supreme Court rules on petitions challenging the law’s validity.

How the Appointment Process Changed?

Old System (Pre-2023)

• No Statutory Framework: The President appointed the CEC and Election Commissioners (ECs) based on the Prime Minister’s advice.
• Seniority-Based Succession: The next CEC was generally the senior-most EC, determined by tenure. For example, Gyanesh Kumar would have succeeded Rajiv Kumar under this system, as he was appointed to the Commission on the same day (March 14, 2024) but was listed first in the notification.

New Process (Post-2023 Act)

• Search Committee: A panel led by the Law Minister shortlists five candidates.
• Selection Committee: The PM, LoP, and a Union Cabinet Minister (nominated by the PM) choose the CEC/ECs. The President then formally appoints the selected candidate.
• Eligibility Criteria: Candidates must hold or have held a Secretary-level post and demonstrate integrity and election management experience.

Why Was the Process Changed?

The Supreme Court intervened in March 2023 after petitions (2015–2022) challenged the executive’s monopoly over appointments. The court ruled that a selection panel comprising the PM, LoP, and Chief Justice of India (CJI) should supervise appointments until Parliament enacted a law.

The government’s 2023 Act excluded the CJI from the panel, replacing CJI with a Union Minister (Home Minister).

Critics argue that the new system grants the ruling party undue influence over the Election Commission, compromising its independence.

Must Read Articles:

Appointment of Election Commissioners

The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023

Source:

INDIAN EXPRESS

https://t.me/+hJqMV1O0se03Njk9