Context

Former IAS officer Gyanesh Kumar has recently been appointed as the Chief Election Commissioner (CEC) of India, succeeding Rajiv Kumar. However, the Leader of Opposition submitted a dissent note, urging a deferment of the appointment until the Supreme Court delivers its verdict on petitions challenging the new law governing the selection process.

Evolution of the CEC Appointment Process

Previous System of Appointment

Earlier, the President appointed the CEC on the advice of the Prime Minister, with the senior-most Election Commissioner being promoted based on the order of appointment notification.

However, in 2023, the Supreme Court, in Anoop Baranwal vs Union of India, ruled that the appointment of the CEC and Election Commissioners (ECs) must involve a Selection Committee, comprising:

1.   The Prime Minister

2.   The Leader of Opposition (LoP) in the Lok Sabha (or Leader of the largest Opposition party if LoP is absent)

3.   The Chief Justice of India (CJI)

Parliamentary Response

In response, Parliament passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, replacing the CJI in the Selection Committee with a Union Cabinet Minister nominated by the Prime Minister. This change has sparked concerns over executive dominance in the appointment process.

The New Appointment Process

The 2023 Act introduces a two-stage appointment system:

1.   Search Committee: Headed by the Law Minister, shortlists five candidates.

2.   Selection Committee: Comprising the Prime Minister, the Leader of Opposition, and a Union Minister, finalizes the appointment, which is then formally made by the President.

Under the new law, candidates must have held the rank of Secretary to the Government of India and have experience in election management. The tenure is capped at six years, with no possibility of reappointment.

Conclusion:

The Supreme Court’s pending judgment will determine whether Parliament can override a Constitutional Bench ruling through legislation, particularly concerning the independence of the Election Commission. Critics argue that the new law grants the government greater control over the Election Commission, raising concerns about its neutrality and long-term implications for electoral fairness in India.