Gyanesh Kumar, who was named as an Election Commissioner last year, has been appointed the next Chief Election Commissioner of India, replacing the outgoing Rajiv Kumar. Mr Kumar will oversee the conduct of the Bihar Assembly election later this year and the polls in Bengal, Assam, and Tamil Nadu next year.
Gyanesh Kumar Becomes New Chief Election Commissioner
Why In News
- Gyanesh Kumar, who was named as an Election Commissioner last year, has been appointed the next Chief Election Commissioner of India, replacing the outgoing Rajiv Kumar. Mr Kumar will oversee the conduct of the Bihar Assembly election later this year and the polls in Bengal, Assam, and Tamil Nadu next year.
All You Need To Know
- Mr Kumar’s appointment came in a late-night development on Monday, within hours after a meeting of a three-member panel consisting of Prime Minister Narendra Modi, Union Home Minister Amit Shah, and Leader of Opposition (LoP) Rahul Gandhi.
- However, it has sparked a row as Mr Gandhi did not approve of the appointment. The appointment of Mr Kumar as the poll chief was done based on the Chief Election Commissioners and Election Commissioners (ECs) under the 2023 law.
- According to these rules, the Chief Election Commissioners and Election Commissioners will be appointed by the President on the recommendation of a selection committee consisting of PM Modi as the Chairperson, a cabinet minister nominated by the PM – Amit Shah, and the leader of opposition in Lok Sabha.
- However, the law was challenged in the Supreme Court as the three-member panel allowed the Centre a dominant role.
- The top court was set to take up a hearing on a “priority basis” on February 19.
- Due to this, Mr Gandhi, who was present in the meeting, had opposed Mr Kumar’s appointment and asked the government to postpone it. However, the Centre planned to press on regardless, saying that halting the process would mean leaving the key post vacant. After Mr Kumar’s appointment, the Congress leader gave a dissent note saying the meeting was meaningless as the new law has been challenged in the Supreme Court.
Who Is Gyanesh Kumar
- Mr Kumar is a 1988-batch IAS officer from the Kerala cadre. He is the senior of the two commissioners on the three-member panel that was led by Rajiv Kumar till he demitted office. The other commissioner on the panel is Sukhbir Singh Sandhu, an officer from the Uttarakhand cadre.
- The new Chief Election Commissioner was a part of the Union Home Ministry earlier and had helped draft the bill that scrapped Article 370 in Jammu and Kashmir in August 2019 and split the former state into two union territories.
- He has also served as the Joint Secretary (Kashmir Division) and the Additional Secretary in the Home Ministry.
New Selection Process For Chief Election Commissioner
- According to The Chief Election Commissioner and Other Election Commissioners Act, 2023, the Chief Election Commissioner and Election Commissioners are appointed by the President upon the recommendation of a selection committee, which consists of: 1. Prime Minister 2. A Union Cabinet Minister 3. Leader of Opposition or leader of the largest opposition party in the Lok Sabha
- Â The Act also states that a search committee, headed by the Cabinet Secretary, will propose a panel of names to the selection committee.Â
How Were The Election Commissioners Appointed
- Election Commission derives its authority from Article 324 of the Constitution, which states: “The Election Commission will comprise the Chief Election Commissioner and such number of Election Commissioners, as the President may decide.”
- Â Earlier, the appointment of Election Commissioners was regulated by the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991. This Act, however, did not define the selection process. As a result, the President appointed the Election Commissioners on the advice of the Prime Minister and the Council of Ministers.
What Has Changed Under The New Act
- Salary: Under the 1991 Act, the salary of the Election Commissioners was equivalent to that of a Supreme Court judge. However, the new Act defines the salary and conditions of service of the CEC and ECs as equivalent to that of a Cabinet Secretary.
- Â Eligibility: Previously, there were no specific eligibility criteria for the selection of the CEC and ECs. The new Act now specifies that candidates must:
- 1. Be persons of integrity
- 2. Have knowledge and experience in the management and conduct of elections
- 3. Be or have been a Secretary (or equivalent) to the government
