New CEC, New Law: The Debate Over Election Commission’s Independence

Context

The Election Commission of India (ECI) is responsible for conducting free and fair elections in the country. It consists of:

• Chief Election Commissioner (CEC)
• Two Election Commissioners (ECs)

The CEC and ECs play a crucial role in upholding democratic principles, ensuring impartiality in electoral processes. The appointment of these officials has historically been a subject of debate, particularly regarding executive influence and institutional independence.

On February 15, 2025, former IAS officer Gyanesh Kumar was appointed as the Chief Election Commissioner (CEC) of India, replacing Rajiv Kumar. His appointment was made under the provisions of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Evolution of the Appointment Process of the Chief Election Commissioner

1. Previous System of Appointment

• The President of India appointed the CEC and ECs based on the advice of the Prime Minister.
• No parliamentary law governed the appointment process.
• The senior-most Election Commissioner was conventionally elevated to CEC.
• Seniority was determined by the date of appointment notification.

Issues with the previous system:

• Lack of transparency as appointments were executive-driven.
• No formal eligibility criteria were specified.
• The process gave excessive control to the ruling government, raising concerns over political influence.

2. New Appointment Process Under the 2023 Act

The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023 introduced a structured selection process.

Appointment Procedure:

• Search Committee (headed by the Law Minister) shortlists five candidates.
• Selection Committee (comprising the Prime Minister, Leader of the Opposition, and a Union Minister nominated by the PM) selects the final candidate.
• The President officially appoints the CEC and ECs based on the Selection Committee's recommendation.

Eligibility Criteria:

• Candidates must have served as a Secretary to the Government of India.
• Must have integrity and experience in election management.

Terms of Service:

• The CEC and ECs are not eligible for reappointment.
• The total tenure cannot exceed six years, including time served as both EC and CEC.

LoP’s Dissent and Supreme Court Challenge

The new appointment process has faced opposition due to concerns over executive dominance.

1. Objections Raised by the Leader of Opposition (LoP)

• LoP Rahul Gandhi submitted a dissent note, requesting the appointment be deferred until the Supreme Court delivers its verdict on pending petitions.
• The key issue is the removal of the Chief Justice of India (CJI) from the Selection Committee, reducing judicial oversight in the process.

2. Supreme Court Case Against the New Process

• The Association for Democratic Reforms (ADR) has challenged the 2023 Act in the Supreme Court, arguing that it undermines the independence of the Election Commission.
• The Supreme Court is set to hear the case on February 19, 2025, a day after Rajiv Kumar’s retirement.

Why Was the Appointment Process Changed?

1. Supreme Court’s March 2023 Judgment

The Supreme Court had ruled that the CEC and ECs should be appointed by a high-powered committee consisting of:

• The Prime Minister
• The Leader of the Opposition
• The Chief Justice of India

This was meant to reduce executive dominance and enhance neutrality in appointments.

2. Government’s Response and the 2023 Act

Before this system could be implemented, the government passed the 2023 Act, which removed the CJI from the Selection Committee and replaced them with a Union Minister (nominated by the PM).

Implications of this change:

• Increases executive control over Election Commission appointments.
• Weakens judicial oversight, raising concerns over potential political influence.

Implications and Unresolved Issues

1. Pending Supreme Court Verdict

• The Supreme Court will decide whether Parliament can override a Constitution Bench ruling through legislation.

2. Political Debate and Public Trust

• The opposition argues that the new law reduces the autonomy of the Election Commission.
• Questions remain over whether elections will continue to be conducted impartially under the new system.

3. Impact on Future Elections

• The legitimacy of the new appointment process may impact public confidence in the Election Commission’s independence.

Conclusion

The appointment of Gyanesh Kumar as CEC marks the first implementation of the 2023 Act. However, the controversy surrounding the appointment process remains unresolved. The Supreme Court’s decision will be crucial in determining whether the new law upholds or undermines the independence of India's electoral system. Until then, the debate over executive control and institutional integrity continues.