Chief Election Commissioner (CEC)

Gyanesh Kumar assumed office as the 26th Chief Election Commissioner (CEC) of India, succeeding Rajiv Kumar. His appointment was made under the newly enacted Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This law introduced significant reforms to the appointment process of the Election Commission of India (ECI), which has key responsibilities related to elections in India.

About Election Commission of India

• The Election Commission of India is responsible for managing elections at national and state levels, including to Parliament, State Legislatures, and the offices of the President and Vice-President of India.
• It consists of a Chief Election Commissioner (CEC) and other Election Commissioners (ECs).
• The President of India decides the number of Election Commissioners
• Eligibility Criteria: The CEC and ECs must meet specific qualifications:
  • Integrity: They should be persons of integrity.
  • Election Experience: They must have knowledge and experience in managing and conducting elections.
  • Administrative Experience: They must have held a senior government position, such as being a Secretary or an equivalent post.
• Tenure and Reappointment:
  • Members of the Election Commission, including the CEC and ECs, will serve for six years or until the age of 65 years, whichever is earlier.
  • Reappointment is not allowed for any member of the Commission.
  • If an Election Commissioner (EC) is appointed as the CEC, their combined term cannot exceed six years.
• Salary and Retirement Benefits: The salary, allowances, and other service conditions of the CEC and ECs will be the same as that of the Cabinet Secretary.
  • Pension and retirement benefits will also be available, based on the service they held prior to joining the Election Commission.
• Removal of Members: The CEC can be removed in the same manner as a Supreme Court Judge, which requires a parliamentary process. Election Commissioners (ECs) can be removed only on the recommendation of the CEC.

Appointment Process

• Supreme Court Ruling (2023): In 2023, the Supreme Court of India ruled that the appointment of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) should not be controlled solely by the executive (the ruling government).
  • The Court said there should be an independent Selection Committee to recommend the appointments, which would include the:
    • Prime Minister
    • the Leader of Opposition in Lok Sabha
    • Chief Justice of India (CJI)
  • After the Supreme Court ruling, the government introduced the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
    • What changed? In the new law, the Chief Justice of India (CJI) was removed from the Selection Committee and replaced by a Cabinet Minister (a government representative). This means the government now has more control in the process.

Suggestions made by various Commissions/Courts for composition of the Selection Committee