Gyanesh Kumar Appointed As India’s New Chief Election Commissioner

The Union law ministry introduced Gyanesh Kumar as the new chief election commissioner on Monday. He will take over for Rajiv Kumar, who will step down on Tuesday after turning 65.

The Union Law Ministry announced on Monday that Gyanesh Kumar has been appointed as the new Chief Election Commissioner (CEC) of India. He will replace Rajiv Kumar, who is set to retire on Tuesday upon reaching the age limit of 65 years.

As per the rules governing the Election Commission, chief election commissioners serve for a tenure of six years or until they turn 65, whichever comes first. Rajiv Kumar was the first CEC to be appointed under the new law governing the appointment of election commissioners.

Selection Process and Committee’s Decision

Gyanesh Kumar’s name was finalized by a selection committee led by Prime Minister Narendra Modi. The committee also included Union Home Minister Amit Shah and the Leader of the Opposition in the Lok Sabha, Rahul Gandhi.

The selection panel convened at the Prime Minister’s Office in South Block, where they reviewed the shortlisted candidates and recommended Kumar for the role. His appointment follows a structured process set by the government to ensure smooth leadership transitions within the Election Commission.

Congress Raises Concerns Over Selection Process

The Congress party, however, expressed concerns over the appointment process. Earlier in the day, they suggested postponing the selection meeting until the Supreme Court hears a petition regarding the constitution of the selection panel on February 19.

Addressing a press conference soon after the meeting, Congress leader Abhishek Singhvi criticized the government’s decision to exclude the Chief Justice of India (CJI) from the selection committee. He claimed that this move undermines the credibility of the Election Commission.

“It is our suggestion that the Central government adjourn this meeting until after the hearing and instruct its counsels to appear and assist the court so that the hearing may be an effective one. Only then, can a decision be taken in earnest,” Singhvi stated.

Legal and Constitutional Debates

Singhvi further argued that the Chief Election Commissioner and the Other Election Commissioners (Appointment, Conditions of Office, Terms of Office) Act, 2023 creates a “partisan mechanism” for selecting election commissioners.

“At the outset, we cannot ignore that this committee is in clear and direct violation of the Supreme Court’s judgment of March 2, 2023, where a Constitution Bench in Anoop Baranwal v. Union of India declared that the CEC and the ECs should be appointed by a committee comprising of the PM, the LOP, and the CJI,” he said.

Implications of the Appointment

Despite the controversy surrounding his appointment, Gyanesh Kumar will now take charge of the Election Commission at a crucial time. With general elections approaching, his leadership will play a key role in overseeing fair and transparent elections in the country. While political debates continue over the selection process, Kumar’s primary responsibility will be to uphold the democratic principles and integrity of the electoral process.