Appointment of New Chief Election Commissioner

Key Participants in the Appointment

• Prime Minister Narendra Modi
• Home Minister Amit Shah
• Leader of Opposition Rahul Gandhi

They convened to appoint former IAS officer Gyanesh Kumar as the new Chief Election Commissioner (CEC) of India, succeeding Rajiv Kumar.

Dissent and Objections

• Rahul Gandhi submitted a dissent note requesting to delay the appointment until the Supreme Court’s decision on pending petitions regarding the appointment process.

Previous Appointment Process

The Election Commission (EC) includes one Chief Election Commissioner and two Election Commissioners. Earlier, appointments were made by the President upon the Prime Minister’s advice, typically following seniority.

Seniority Determination

• Seniority was generally based on who was appointed first among the Commissioners.

New Appointment Process

The new process follows the Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023.

Procedure for Selection

• A search committee, led by the Law Minister, shortlists five candidates.
• The Selection Committee, including the Prime Minister, Leader of Opposition, and a Cabinet Minister, finalizes the appointment.

Committee Composition

• Current members: Prime Minister Narendra Modi, Rahul Gandhi, and Home Minister Amit Shah.

New Act’s Specifications

Eligibility Conditions

• Candidates must hold or have held a post equivalent to Secretary to the Government of India.
• Must demonstrate integrity and experience in election management.
• Terms of service are clear; re-appointment is not allowed.

Term Limitations

• The combined term as Election Commissioner and CEC cannot exceed six years.

Reasons for Changing the Appointment Process

The change followed Supreme Court interventions seeking to curb the Central Government’s exclusive appointment powers, aiming to avoid potential biases.

Supreme Court's Role

• The court proposed a selection committee involving the Prime Minister, Leader of Opposition, and the Chief Justice of India.

Legislative Changes

• The new law replaced the Chief Justice with a Union Cabinet Minister, retaining significant government influence.

Ongoing Legal Challenges

Petitions challenge the exclusion of the Chief Justice of India from the Selection Committee, questioning Parliament's authority to alter a judicially recommended process.

Supreme Court’s Assurance

• The court assured that any decision regarding the validity of the new Act would apply retroactively.