APPOINTMENT OF CHIEF ELECTION COMMISSIONER
- On February 17, 2025, Prime Minister Narendra Modi, Home Minister Amit Shah, and Leader of Opposition Rahul Gandhi met to discuss the appointment of the new Chief Election Commissioner (CEC), following the retirement of Rajiv Kumar.
- The meeting lasted 30 minutes and saw Rahul Gandhi raise concerns, submitting a dissent note asking the government to defer the appointment until the Supreme Court resolves the petitions challenging the new appointment process.
- This marks the first time that a Selection Committee was convened for the appointment of the CEC.
HOW WERE CECs APPOINTED BEFORE?
Previously, the Election Commission (EC), consisting of one Chief Election Commissioner (CEC) and two Election Commissioners (ECs), had its members appointed directly by the President on the advice of the Prime Minister.
- Traditionally, the senior-most Election Commissioner was appointed as the CEC.
- Seniority was determined based on the date of appointment.
- In the current Commission, Rajiv Kumar is the CEC, with Gyanesh Kumar and Sukhbir Singh Sandhu serving as Election Commissioners.
- Both Gyanesh Kumar and Sukhbir Singh Sandhu were appointed on the same day (March 14, 2024).
- Since Gyanesh Kumar’s name appears first in the official notification, he is considered senior.
- Under the old system, Gyanesh Kumar would have automatically been appointed as the new CEC following Rajiv Kumar’s
- However, this time, the appointment process is different.
HOW WILL THE NEW CEC BE APPOINTED?
The new appointment process is governed by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
- Under this law, a Search Committee is responsible for creating a shortlist of 5 candidates for both CEC and Election Commissioner
- The Search Committee is headed by the Law Minister (currently Arjun Ram Meghwal) and consists of 2 senior bureaucrats serving as Secretaries to the Government of India.
- This shortlist is then reviewed by a Selection Committee composed of:
- Prime Minister Narendra Modi
- Leader of Opposition Rahul Gandhi
- A Union Cabinet Minister, nominated by the Prime Minister
DISSENT BY LoP
- Rahul Gandhi’s dissent was recorded, but it’s reported that the Selection Committee proceeded with selecting Rajiv Kumar’s
- Gyanesh Kumar was among the five shortlisted candidates, but the new law allows the government to consider a broader pool of candidates, not just those shortlisted.
DOES THE NEW ACT SPECIFY ELIGIBILITY CONDITIONS?
Yes, the 2023 Act sets clear eligibility conditions for both CEC and Election Commissioners:
- They must be individuals who have held or are holding a position equivalent to the rank of Secretary to the Government of India.
- They should be persons of integrity with knowledge of and experience in managing and conducting elections.
Additionally, the Act specifies:
- Term: A CEC and Election Commissioner can serve for no more than six years in total, with no reappointment
WHY WAS THE APPOINTMENT PROCESS CHANGED?
The Supreme Court’s intervention led to the change in the appointment process. Between 2015 and 2022, several petitions were filed challenging the exclusive power of the government to appoint the Election Commissioners.
- The Supreme Court noted that the Constitution’s framers never intended for the Executive to have exclusive control over these appointments. The Court also expressed concerns about the “devastating effect” of leaving the process solely to the Executive. As a result, it ruled that a Selection Committee should be formed.
- In March 2023, the Court ruled that until a Parliamentary law was passed, the Selection Committee should consist of:
- Prime Minister
- Leader of Opposition
- Chief Justice of India (CJI)
However, in December 2023, Parliament passed the law which replaced the CJI with a Union Cabinet Minister nominated by the Prime Minister. This change effectively gave the Executive more control over the selection process.
IS THE MATTER NOW SETTLED?
- No, the matter is still not settled until the Supreme Court hears the petitions challenging the new appointment process.
- The Association for Democratic Reforms has filed a petition challenging the removal of the Chief Justice of India from the Selection Committee.
- The key issue raised in the petitions is whether Parliament has the legal authority to change a Supreme Court judgment through a law.
- The Supreme Court has agreed to hear the matter on February 19, 2025, a day after Rajiv Kumar’s
- Justice Surya Kant assured the petitioners that the Court’s decision on the validity of the new law would apply even if the appointments were made in the interim period.
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