India’s Chief Election Commissioner Appointment and Concerns

Source: The post India’s Chief Election Commissioner Appointment and Concerns has been created, based on the article “New CEC, under new law” published in “Indian Express” on 19th February 2025.

UPSC Syllabus Topic: GS Paper2- Polity-Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.

Context: The article explains how the Chief Election Commissioner (CEC) of India was appointed before and after a new law in 2023. It discusses the role of the selection committee, Rahul Gandhi’s objection, and the Supreme Court case challenging the new appointment process.

For detailed information on Changes in the Election Commission of India’s selection process read this article here

How were Chief Election Commissioners appointed earlier?

1. The Election Commission (EC) has three members: one Chief Election Commissioner (CEC) and two Election Commissioners (ECs).
2. The President appointed them based on the Prime Minister’s advice.
3. Traditionally, the senior-most EC became the next CEC.
4. Seniority was decided by appointment order. Example: Gyanesh Kumar was considered senior because his name appeared first in the appointment notification.

How was the new Chief Election Commissioner appointed this time?

1. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023 changed the process.
2. A Search Committee led by the Law Minister shortlisted five names.
3. A Selection Committee with the Prime Minister, the Leader of Opposition, and a Cabinet Minister chose the final candidate.
4. On February 17, 2025, the committee met, and Gyanesh Kumar was appointed CEC.
5. Rahul Gandhi submitted a dissent note and asked for a delay until the Supreme Court’s decision.

For detailed information on Chief Election Commissioner and Other Election Commissioners Act, 2023 read this article here

What are the eligibility conditions under the new Act?

1. The CEC and ECs must have held a Secretary-level post in the Government of India.
2. They must have experience in election management.
3. No reappointment is allowed.
4. A person can serve a maximum of six years as EC and CEC combined.

Why was the appointment process changed?

1. Supreme Court judgments between 2015 and 2022 questioned the government’s exclusive power to appoint ECs.
2. On March 2, 2023, the Supreme Court ruled that a panel with the Prime Minister, Leader of Opposition, and the Chief Justice of India (CJI) should select the CEC.
3. Before this ruling could be implemented, Parliament passed the 2023 Act in December, replacing the CJI with a Cabinet Minister.
4. This change gave the government more control over the appointment.

What are the issues with this appointment?

1. New Selection Process Gives Government More Control:

The 2023 Act replaced the Chief Justice of India (CJI) in the Selection Committee with a Cabinet Minister, allowing the government to dominate decisions.

2. Supreme Court’s Pending Review:

• Petitions challenge the removal of the CJI from the selection process.
• The Association for Democratic Reforms (ADR) has filed a case.
• The Supreme Court’s hearing is on February 19, 2025.

Question for practice:

Examine how the appointment process of the Chief Election Commissioner (CEC) in India changed after the enactment of the 2023 law and the concerns raised regarding this change.