- Tuesday, February 18, 2025
The new Chief Election Commissioner has been appointed under a new law, which is currently being challenged in the Supreme Court
By: India Weekly
THE GOVERNMENT has appointed Gyanesh Kumar, a retired home ministry official, as the new Chief Election Commissioner (CEC), hours after the meeting of the prime minister-led selection committee.
Interestingly, this was done when the Supreme Court was hearing pleas against the appointments of the CEC and election commissioners (EC) under the 2023 law.
Kumar is the first CEC to be appointed under a new law on the appointment of the members of the Election Commission and will take charge on Wednesday (19).
Top court hearing
Meanwhile, the apex court on Tuesday (18) said it would on February 19 take up on a “priority basis” the pleas.
A bench of Justices Surya Kant and N Kotiswar Singh was informed by advocate Prashant Bhushan, appearing for an NGO, that despite the Constitution bench verdict of 2023 directing selection and appointment of the CEC and ECs through a panel including the chief justice of India, the government excluded the CJI and made a “mockery of democracy”.
He said, “The matter is listed on February 19 but it is listed as item number 41. The government has appointed the CEC and EC as per 2023 law disregarding the view taken by a constitution bench. Kindly take up on top of the board as the matter requires urgent consideration.”
Advocate Varun Thakur, appearing for petitioner Jaya Thakur, said three appointments were made by the government under the new law, which was under challenge.
The bench assured Bhushan and other parties that after some urgent listed matters, it would take up the petitions for hearing on February 19.
Dissent note
Congress leader Rahul Gandhi on Tuesday (18) said it is “disrespectful” and “discourteous” for the prime minister and home minister to have made a midnight decision to select the new CEC when the process of selection is being challenged in the Supreme Court.
The Leader of Opposition in Lok Sabha had asked the government to defer the selection committee meeting in view of the Supreme Court hearing in the matter.
Gandhi also presented a dissent note to the panel, of which home minister Amit Shah is also a member.
BJP attacks Rahul Gandhi
The BJP on Tuesday (18) dismissed Rahul Gandhi’s criticism of the appointment of the chief election commissioner as “politically motivated” and accused him of “malicious” judicial activism.
BJP’s IT department head Amit Malviya said Gandhi’s dissent on the appointment of the CEC is not just politically motivated but also lacks merit.
He said on X, “It is an attempt to undermine the constitutional mandate of the elected government through malicious judicial activism. Additionally, it conveniently misreads and misinterprets the Supreme Court’s judgment on the CEC’s appointment.”
He noted that a five-judge Constitution bench had revised the process for appointing members of the Election Commission of India (ECI) in 2023, ruling that the President should appoint the CEC and election commissioners based on the recommendation of a committee comprising the PM, LoP in Lok Sabha and the Chief Justice of India.
However, the court clarified that this arrangement would remain in place only until Parliament enacted a law establishing a permanent mechanism, he added.
He said the president appointed the CEC and election commissioners solely on the prime minister’s recommendation before the ruling.
Malviya said, “Thus, the current appointment process is more structured, transparent, and inclusive, involving multiple stakeholders, including the Leader of the Opposition”.
Gyanesh Kumar’s background
As a senior Union Home Ministry official, he played a key role in the government’s move to abrogate provisions of Article 370 in Jammu and Kashmir and setting up the Ram temple trust.
Kumar retired as Secretary in the Cooperation ministry in January 2024 and was appointed as an election commissioner in March 2024.
Gyanesh Kumar term will run till January 26, 2029, days before the EC is expected to announce the schedule of the next Lok Sabha election.
According to law, CEC and ECs demit office on attaining the age of 65 years or completing six years in the poll panel, whichever is earlier.
Gyanesh Kumar will turn 65 on January 27, 2029.
During his tenure as the CEC, Kumar will oversee the Bihar Assembly polls later this year, and the Kerala and Puducherry Assembly polls in 2026.
Similarly, he will oversee the assembly polls in Tamil Nadu and West Bengal, which are also due in 2026.
Besides the various assembly polls, he will also oversee the elections for President and Vice-President in 2027. (PTI)
