Gyanesh Kumar Becomes First Chief Election Commissioner Appointed Under New Law

New Delhi: The government declared late Thursday evening that Gyanesh Kumar, the elder of the two election commissioners following Chief Election Commission Rajiv Kumar, would take over as election commissioner. He would oversee elections in five states in the near future as the next Chief Election Commissioner: NDA-ruled Bihar and Assam, and opposition-ruled Bengal, Kerala, and Tamil Nadu. Bihar's election is scheduled for later this year; the remaining elections will be held in 2026. 

Gyanesh Kumar is the first CEC to be chosen in accordance with new law pertaining to the Election Commission's (EC) member appointments.

Who is New Chief Election Commissioner of India?

Mr. Kumar, a Kerala cadre IAS officer from the 1988 batch, served in the Union Home Ministry and contributed to the 2019 bill that repealed Article 370 in Jammu and Kashmir. He and Mr. Shah are reported to be close. 

Mr. Kumar was instrumental in carrying out decisions in Jammu and Kashmir after Article 370 of the Constitution was repealed during his time in the Union Home Ministry.

Mr. Kumar, who will remain in his position until January 26, 2029, will lead the Commission through the 2029 Lok Sabha election preparations, the 2027 presidential and vice presidential elections, and the 2029 Assembly elections.

The announcement followed a note of dissent from the Congress leader at an Election Committee meeting with Prime Minister Narendra Modi, Union Home Minister Amit Shah, and Leader of the Opposition Rahul Gandhi.

Congress Opposing the Appointment

The Congress opposed the selection because the law on appointing the Chief Election Commissioner is being challenged in the Supreme Court, which is set to hear the case on Saturday.

Since the statute governing the Chief Election Commission's nomination has been challenged in the Supreme Court, which will consider the case on Saturday, the Congress opposed to the pick. The party has said that the administration does not care about the integrity of the Election Commission and instead intends to take control of it.

According to insiders, the government did not want to delay the selection process because doing so would result in a poll commission vacancy. According to sources, the court had not halted the appointment, and a legal opinion was obtained before taking any action.

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How is Chief Election Commisioner Appointed?

According to the Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023, the Prime Minister, Leader of the Opposition, and a cabinet minister must make the final decision after a committee led by the law minister shortlists five candidates.

However, the Supreme Court's ruling that included the Chief Justice of India in the selection process was overturned by the parliamentary bill. The decision to replace the Chief Justice of India with a cabinet minister has been challenged in court. Petitioners argue that this change disrupts the balance of power in the committee and affects its fairness.

Prior to the law being enacted by parliament in 2023, the President of India appointed the Chief Election Commissioner based on the Prime Minister's recommendation. The position is typically awarded to the senior of the two surviving election commissioners.