By The Sampadak Express
In a significant development, Gyanesh Kumar has been appointed as the new Chief Election Commissioner (CEC), the Union Law Ministry announced on Monday. He will take over from Rajiv Kumar, who is set to demit office on Tuesday after reaching the age of 65. As per the constitutional mandate, the tenure of the Chief Election Commissioner is six years or until the individual turns 65, whichever is earlier.
Gyanesh Kumar’s appointment is noteworthy as he becomes the first Chief Election Commissioner to be selected under the newly enacted law governing the appointment of Election Commissioners. The law, introduced in 2023, created a fresh framework for such appointments, ensuring a structured and transparent process.
Selection Process:The decision to appoint Gyanesh Kumar followed a selection process led by a high-powered committee comprising Prime Minister Narendra Modi, Union Home Minister Amit Shah, and Leader of Opposition in the Lok Sabha, Rahul Gandhi. The committee met earlier in the day at the Prime Minister’s Office in South Block, where they recommended Kumar’s name after reviewing a shortlist of candidates selected by a dedicated search committee.
The timing of the meeting raised some concerns within the opposition, especially the Congress party, which had urged the government to adjourn the proceedings until the Supreme Court hears a petition regarding the constitution of the selection panel. The Supreme Court is scheduled to take up the case on February 19.
Congress Raises Concerns:
Reacting to the appointment, Congress leader Abhishek Singhvi addressed the media, criticizing the government for excluding the Chief Justice of India (CJI) from the selection committee, which had previously included the CJI as per constitutional norms. Singhvi accused the government of trying to “control” the Election Commission instead of preserving its credibility.”
It is our suggestion that the Central government adjourn this meeting until after the hearing and instruct its counsels to assist the court, so the hearing can be effective,” Singhvi stated. He went on to claim that the new law for the appointment of the Chief Election Commissioner and the Election Commissioners “creates a partisan mechanism” for selecting the members of the Election Commission.
He also pointed out that the current selection committee, as constituted, is in violation of the Supreme Court’s ruling from March 2023 in the case of Anoop Baranwal v. Union of India. The ruling had called for a selection committee consisting of the Prime Minister, Leader of Opposition, and the Chief Justice of India for the appointment of the CEC and other Election Commissioners.
Legal and Constitutional Implications:
The controversy surrounding Gyanesh Kumar’s appointment revolves around the broader debate on the independence and credibility of the Election Commission. While the newly established law brings clarity to the process, its implications for the independence of the Commission remain under scrutiny. The opposition parties, especially Congress, have raised alarms over the potential for political influence, given the exclusion of the CJI from the selection process.
Gyanesh Kumar’s appointment marks a pivotal moment in India’s electoral history. His selection comes at a time when the process of appointing key officials to the Election Commission is under intense legal and political scrutiny. Whether the current selection framework will be upheld or revised in light of the ongoing legal challenges will determine the future of election administration in India.
