Why Gyanesh Kumar’s Appointment As Chief Election Commissioner Has Sparked A Row | Explained

Why Gyanesh KumarS Appointment As Chief Election Commissioner Has Sparked A Row | Explained

In a late-night advancement on Monday, the President appointed election Commissioner (EC) Gyanesh Kumar as the next chief Election Commissioner (CEC) of India. To fill the vacancy created by Kumar’s promotion, Haryana Chief Secretary Vivek Joshi was appointed the Election Commissioner. this appointment, made within hours of a meeting between Prime Minister Narendra Modi, Union Home Minister Amit Shah and Leader of Opposition (LoP) Rahul Gandhi, has ignited controversy.

This was the first time that the appointment of the CEC was done based on the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023. As per the new rules, the CEC and the ECs are appointed by the President on the suggestion of a Selection Committee consisting of the Prime Minister as Chairperson; the Leader of Opposition in lok sabha as Member; and Union Cabinet Minister nominated by the Prime Minister, also as a Member.

“The amended law removed the CJI from the CEC selection panel, and the government ought to have waited untill the Supreme Court’s hearing on February 19 before selecting the CEC,” said Congress leader KC Venugopal.

congress leader Abhishek Manu Singhvi also criticized the appointment, stating that the committee constituted by this Act creates a partisan and non-neutral mechanism for the selection of Election Commissioners. he further pointed out that “The current committee, consisting of the Prime Minister, the union Home Minister and the Leader of Opposition in Lok Sabha, is in clear and direct violation of the Supreme Court’s Judgement of March 2, 2023 where a Constitution Bench of the Supreme Court in Anoop Baranwal v. Union of India declared that the CEC and the ECs should be appointed by a Committee comprising the PM, the LOP and the Chief Justice of India.”

He added, “The Executive alone being involved in the appointment, ensures that the Commission becomes and remains a partisan Body and a branch of the Executive. The independence of the Commission is intimately interlinked with the process of appointment”. Singhvi highlighted the Supreme Court’s observation that the offices of CEC and ECs need to be insulated from executive interference to allow independence in the functioning of the Election Commission.

The Congress suggested that the Central Government adjourn this meeting until after the hearing in the Supreme Court. However, within hours of the meeting ending, the appointment was notified.

The Supreme Court, while shifting the dates, has assured the petitioners that “consequences” of the court’s decision on the validity of the new Act will inevitably follow even if something had happened in the interregnum.

The hearing in the matter on Wednesday will be closely watched. Notably no major elections are due in the next few months, except some bye-polls. Bihar will be the next big assembly election the ECI will conduct as the term of the state assembly is ending in November 2025.

What steps is the Election Commission taking to ensure the neutrality and impartiality of the upcoming elections, given the current debate surrounding the appointment of the new CEC?

Exclusive Interview: Gyanesh Kumar, Newly Appointed Chief Election Commissioner

Navigating the Storm: A Conversation wiht India’s New CEC

Archyde News Editor: Thank you for joining us today, Mr.Gyanesh Kumar. Your appointment as the new Chief Election Commissioner (CEC) has sparked a significant debate.Let’s dive right in. Can you share your thoughts on the controversy surrounding your appointment?

Gyanesh Kumar: Thank you for having me. Indeed, the circumstances surrounding my appointment have been unusual. I believe the controversy stems from the fact that this is the first time the new CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023, has been invoked. Transitions are always complex, and this one is no exception.

Understood. The Opposition argues that the government should have waited until the Supreme Court’s hearing on February 19 before selecting the CEC. Your response?

As a new incumbent,I must respect the independence of the judiciary. though,I’d like to clarify that the president,acting on the advice of the Selection Committee,made the appointment. The process was constitutionally sound, and I’m committed to upholding the integrity of the Election Commission.

Abhishek Manu Singhvi, Congress leader, has criticized the appointment, stating that the current committee lacks the Chief Justice of India (CJI). How do you address this concern?

I respect Mr. Singhvi’s views,and I understand the importance of judicial oversight. Though, the new Act, as per the Constitution’s 10th Schedule, allows for the PM, LOP, and a Cabinet Minister to constitute the Selection Committee. I assure you, the election Commission will remain independent and impartial, nonetheless of the composition of the Selection Committee.

The Opposition also fears that the Executive’s sole involvement in the appointment process may lead to partisanship. How do you plan to ensure the Commission’s independence?

I firmly believe that the Election Commission’s independence is sacrosanct. we will continue to function as a neutral body, ensuring free and fair elections. Our decisions will be guided by the Constitution and the law, not by any external influence.I invite all stakeholders to judge us by our actions and not just the process of our appointment.

Lastly, a thought-provoking question: In light of the ongoing debate, what message would you like to convey to the Indian electorate?

I would like to assure the indian electorate that the Election Commission remains committed to conducting free, fair, and inclusive elections. We will not be swayed by controversies or pressures. Our duty is to the Constitution and the people of India, and we will discharge our responsibilities with unwavering integrity and impartiality.