{"id":327254,"date":"2025-02-19T19:35:49","date_gmt":"2025-02-19T14:05:49","guid":{"rendered":"https:\/\/forumias.com\/blog\/?p=327254"},"modified":"2025-02-24T12:59:36","modified_gmt":"2025-02-24T07:29:36","slug":"indias-chief-election-commissioner-appointment-and-concerns","status":"publish","type":"post","link":"https:\/\/forumias.com\/blog\/indias-chief-election-commissioner-appointment-and-concerns\/","title":{"rendered":"India’s Chief Election Commissioner Appointment and Concerns"},"content":{"rendered":"

Source<\/strong>: The post India’s Chief Election Commissioner Appointment and Concerns has been created, based on the article \u201cNew CEC, under new law<\/strong>\u201d published in \u201cIndian Express<\/strong>\u201d on 19th February 2025.<\/p>\n

\"India\u2019s<\/p>\n

UPSC Syllabus Topic:<\/strong> GS Paper2- Polity-Appointment to various Constitutional posts, powers, functions and responsibilities of various Constitutional Bodies.<\/p>\n

Context<\/strong>: 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\u2019s objection, and the Supreme Court case challenging the new appointment process.<\/p>\n

For detailed information on Changes in the Election Commission of India\u2019s selection process<\/strong> read this article here<\/a><\/p>\n

How were Chief Election Commissioners appointed earlier?<\/strong><\/h2>\n
    \n
  1. The Election Commission (EC) has three members: one Chief Election Commissioner (CEC) and two Election Commissioners (ECs).<\/li>\n
  2. The President appointed them based on the Prime Minister\u2019s advice.<\/li>\n
  3. Traditionally, the senior-most EC became the next CEC.<\/li>\n
  4. Seniority was decided by appointment order. Example: Gyanesh Kumar was considered senior because his name appeared first in the appointment notification.<\/li>\n<\/ol>\n

    How was the new Chief Election Commissioner appointed this time?<\/strong><\/h2>\n
      \n
    1. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023<\/strong> changed the process.<\/li>\n
    2. A Search Committee<\/strong> led by the Law Minister shortlisted five names.<\/li>\n
    3. A Selection Committee<\/strong> with the Prime Minister, the Leader of Opposition, and a Cabinet Minister chose the final candidate.<\/li>\n
    4. On February 17, 2025, the committee met, and Gyanesh Kumar was appointed CEC.<\/li>\n
    5. Rahul Gandhi submitted a dissent note<\/strong> and asked for a delay until the Supreme Court\u2019s decision.<\/li>\n<\/ol>\n

      For detailed information on Chief Election Commissioner and Other Election Commissioners Act, 2023<\/strong> read this article here<\/a><\/p>\n

      What are the eligibility conditions under the new Act?<\/strong><\/h2>\n
        \n
      1. The CEC and ECs must have held a Secretary-level post<\/strong> in the Government of India.<\/li>\n
      2. They must have experience in election management<\/strong>.<\/li>\n
      3. No reappointment is allowed.<\/li>\n
      4. A person can serve a maximum of six years<\/strong> as EC and CEC combined.<\/li>\n<\/ol>\n

        Why was the appointment process changed?<\/strong><\/h2>\n
          \n
        1. Supreme Court judgments between 2015 and 2022<\/strong> questioned the government\u2019s exclusive power to appoint ECs.<\/li>\n
        2. On March 2, 2023<\/strong>, the Supreme Court ruled that a panel with the Prime Minister, Leader of Opposition, and the Chief Justice of India (CJI)<\/strong> should select the CEC.<\/li>\n
        3. Before this ruling could be implemented, Parliament passed the 2023 Act<\/strong> in December, replacing the CJI with a Cabinet Minister.<\/li>\n
        4. This change gave the government more control<\/strong> over the appointment.<\/li>\n<\/ol>\n

          What are the issues with this appointment?<\/strong><\/h2>\n
            \n
          1. New Selection Process Gives Government More Control:<\/strong><\/li>\n<\/ol>\n

            The 2023 Act<\/strong> replaced the Chief Justice of India (CJI)<\/strong> in the Selection Committee with a Cabinet Minister, allowing the government to dominate<\/strong> decisions.<\/p>\n

              \n
            1. Supreme Court\u2019s Pending Review:<\/strong><\/li>\n<\/ol>\n