Gyanesh Kumar has been appointed as  the next Chief Election Commissioner by the PM-led selection committee amid  criticism

The senior Election Commissioner Gyanesh Kumar has been appointed as the next Chief Election Commissioner (CEC). The decision was made by the Prime Minister-led selection committee, which also named Haryana Chief Secretary Vivek Joshi as an Election Commissioner. However, the appointment has sparked controversy, with the Congress party questioning the process and alleging a lack of transparency. For decades, the Government held the power to appoint the Chief Election Commissioner and Election Commissioners. However, in 2023, the Supreme Court ruled that appointments should be made by a panel comprising the Prime Minister, the Chief Justice of India (CJI) and the Leader of the Opposition (LoP). Despite this ruling, the new CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, replaced the CJI with a cabinet minister, a change that has been challenged in court. Gyanesh Kumar, is a seasoned bureaucrat and was appointed as an Election Commissioner in March 2023. He has a tenure extending until January 26, 2029, meaning he will oversee critical elections, including the 2029 general elections. His selection follows the convention of appointing the senior-most Election Commissioner to the role of CEC. Gyanesh Kumar replaces Rajiv Kumar, whose term concluded recently.

The Congress party, led by Leader of Opposition Rahul Gandhi, has strongly opposed the appointment process. Gandhi submitted a dissent note during the selection committee meeting, urging the Government to defer the decision until the Supreme Court rules on the validity of the selection panel’s composition. Congress leaders Abhishek Manu Singhvi and Ajay Maken have argued that proceeding with the appointment while the court is hearing a challenge to the new selection law undermines democratic principles. The government’s decision to exclude the CJI from the selection panel and desperation to elect the CEC before the judgement  indeed creates an impression that the Government wants to have its way in the election of Chief Election Commissioner. Ensuring transparency and balance in selecting election officials is crucial to maintaining a fair democratic process. Meanwhile, Vivek Joshi, a 1989 batch IAS officer, is set to serve as an Election Commissioner until February 2030. The Supreme Court has yet to issue a final verdict on the legality of the new selection process. The outcome of this legal battle could shape the future of India’s electoral governance for years to come. To put things in perspective, the Election Commission plays a crucial role in the government machinery during elections and can significantly impact their outcomes. However, it is often influenced by the government through the appointment of favorable officials. It was, in fact, TN Seshan who, as Chief Election Commissioner, challenged government control and brought a sense of independence to the Commission.