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Gyanesh Kumar Appointed as the new Chief Election Commissioner (CEC)
Context:
Election Commissioner Gyanesh Kumar has been appointed Chief Election Commissioner after a meeting of a three-member committee headed by the Prime Minister in New Delhi.
Key Highlights of the Appointment Process and Legal Controversy
- First-Time Appointment under New Law: This marks the first appointment of the CEC under the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.
- Gyanesh Kumar was selected by a three-member committee comprising:
- Prime Minister Narendra Modi (Chair)
- Home Minister Amit Shah
- Leader of the Opposition in Lok Sabha, Rahul Gandhi
- Gyanesh Kumar was selected by a three-member committee comprising:
- Supreme Court Challenge and Constitutional Issues: The Supreme Court is set to examine the validity of the 2023 law, as it has been challenged on constitutional grounds.
- The key issue lies in the exclusion of the Chief Justice of India (CJI) from the selection panel, despite a 2023 Supreme Court ruling (Anoop Baranwal case) mandating the CJI’s inclusion to ensure neutrality.
- Critics argue that the exclusion of the CJI raises concerns over executive overreach and the potential undermining of the Election Commission’s independence.
- Constitutional Challenge: Petitioners argue that Parliament’s legislative action could override the Supreme Court’s verdict, raising questions about the balance of power between the executive, legislature, and judiciary.
- The core debate revolves around whether Parliament has the authority to dilute or nullify a Supreme Court judgment through legislation.
Previous vs. Current Method of Appointment
- Previous System: Under the previous system, the President of India appointed the CEC and ECs based on the recommendations made by the government.
- There was no formal selection committee, and the process lacked judicial oversight. The independence of the Election Commission was often questioned due to the dominant role of the executive in the selection process.
- Current System under the 2023 LawThe new law establishes a selection committee comprising the Prime Minister, the Leader of Opposition (LoP), and a Cabinet Minister nominated by the Prime Minister.
- The Chief Justice of India (CJI), previously a key member of the committee, has been excluded. This shift in the selection mechanism has led to significant criticism, which views it as a partisan process that could erode the independence of the Election Commission.
Recommendations to Strengthen the Appointment Process
- Reinstating the CJI in the Selection Panel: To safeguard the neutrality and independence of the Election Commission, the CJI should be reintroduced as a key member of the selection panel.
- Transparent and Inclusive Selection Mechanism: A more inclusive process should be adopted, involving legal experts, civil society representatives, and independent stakeholders.
- Public Awareness and Judicial Oversight: Increased public engagement and awareness are crucial in holding the Election Commission accountable.
- The Supreme Court’s oversight remains essential in upholding democratic and constitutional principles.
- Consensus-Based and Independent Process for Appointments: The previous system, which included the CJI in the selection panel, ensured that appointments were impartial and shielded from political influence.
- The exclusion of the CJI has led to political disagreements.