CEC Appointment Law 2023 and Gyanesh Kumar’s Selection
Why in the news
Election Commissioner Gyanesh Kumar was named the next Chief Election Commissioner, the first CEC chosen under the new law governing Election Commission appointments.
Constitutional background
- Article 324: CEC and ECs are appointed by the President, subject to parliamentary law.
- No statute existed for a long time, so the President’s power worked through the PM’s advice.
- Anoop Baranwal v. Union of India (2023): the Supreme Court directed a panel of PM, Leader of the Opposition and Chief Justice of India until Parliament legislated.
- The new Act set a different mechanism, departing from the court’s model.
Process under the Act
| Feature | Provision |
|---|---|
| Commission | CEC plus two Election Commissioners |
| Eligibility (Section 5) | Serving or retired Secretary-level officers |
| Search committee | Law Minister as chair, two government members; shortlists five |
| Selection committee | PM, a Cabinet Minister, Lok Sabha LoP |
| Choice | May pick from the list or someone else |
- Earlier, the senior-most EC was elevated; now outsiders can be considered.
Effects and concerns
- The executive gains more say in choosing the CEC and ECs.
- The Commission already faces criticism on electoral rolls and EVMs; the LoP’s presence could spark political disputes.
- Petitions challenging the CJI’s exclusion are pending; a February 2025 hearing could shape the Act.
- Removing judicial oversight may weaken checks and balances; former CEC O.P. Rawat warned of politicisation and loss of credibility.
Exam angle
- Article 324; Section 5; Anoop Baranwal case.
- UPSC 2017 prelims: the ECI, not the Home Ministry, settles disputes over splits or mergers of recognised parties.