Gyanesh Kumar has ceremonially assumed the position of new Chief Election Commissioner (CEC) of India replacing Rajiv Kumar. His appointment takes place after a meeting of the prime minister, Narendra Modi, union home minister, Amit Shah, and opposition leader, Rahul Gandhi. However, the decision has sparked controversy, with Gandhi submitting a dissent note, arguing that the meeting was inconsequential since the new appointment law is under review by the Supreme Court.
A New Appointment Process
This is the first time a Chief Election Commissioner and the other Election Commissioners (ECs) have been appointed under the Chief Election Commissioners and Election Commissioners (ECs) Act, 2023, which changed the selection process. Before this law, appointments were based on the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, which lacked a defined selection procedure.
In the past, the President appointed the Election Commissioners on the Prime Minister’s recommendation and seniority was set by term on the Election Commission. According to this system, Rajiv Kumar headed the CEC, and Gyanesh Kumar and Sukhbir Singh Sandhu Election Commissioners.
The new 2023 law introduced a formal selection process where a search committee—headed by the Union Minister for Law and Justice and two senior government officials—shortlists candidates. The final appointment is made by the President.
Key Changes Under the 2023 Law
There is one of the most important shifts in the new legislation, that is, the salary of Election Commissioners (formerly equivalent to that of Supreme Court judge) is now regulated on the level of a Cabinet Secretary . This amendment has been criticised as it threatens the autonomy of the Election Commission.
Election Commissioner hold the post as CEC shall not be held for a period exceeding six years in all.
**Why Was the New Law Introduced? **
At the Supreme Court level, the March 2023 verdict in Anoop Baranwal vs. Union of India case on Election Commission independence has held that the Commission should remain independent of Executive fiat alone. It also proposed a selection panel, including prime minister of the country, Leader of Opposition of the country, and Chief Justice of India of the country. However, the government circumvented this ruling by passing the 2023 Act, which removed the Chief Justice from the committee.
Illegal although, in March 2024, the Supreme Court refused to extend the stay of appointments relating to the new legislation. The central constitutional controversy continues to be whether or not Parliament is able to overturn a Supreme Court decision by statute.
Congress’ Opposition to Gyanesh Kumar’s Appointment
The Congress party has vehemently objected to Kumar’s appointment and termed it a “hasty midnight decision.” Congress leader KC Venugopal blamed the government for making the appointment before the Supreme Court’s scheduled hearing on Feb 19 and claimed that the process ran counter to the spirit of the Constitution.
Rahul Gandhi also expressed dissent on social media with the challenge of removal of Chief Justice from the selection committee and the critics of the Election Commission impartiality.
BJP’s Response to the Controversy
In reply, BJP called in to task Congress’ objections as politically motivated. Union Minister Dharmendra Pradhan alleged the Congress of hypocrisy, and asked why it had not modernized the system when it used to be in power.
BJP further pointed out the previous instances in which the Congress government restructured the Election Commission in favour of its own political agenda. Until 1989, the Election Commission was a single-member body, with only one CEC. But just before the 1989 Lok Sabha elections, the Rajiv Gandhi government enlarged the panel, perhaps to restrict the authority of CEC R V S Peri Sastri.
Following the 1989 Congress defeat, the VP Singh (president) government set it aside. Later, in 1993, the P V Narasimha Rao-led Congress government again expanded the Election Commission, this time under CEC T N Seshan.
The Road Ahead
When Gyanesh Kumar takes over, he must manage some of the most important elections, such as upcoming state elections and the president election. As the Supreme Court is going to decide the law of the 2023 Act, the issue of his nomination is not easy to get over.
The discussion on the appointment of the election commission is representative of concerns about democratic legitimacy and institutional autonomy in India. Whether the Supreme Court will uphold the new law or push for a more independent selection process remains to be seen.
