Gyanesh Kumar Appointed to High-Powered Panel for Election Commissioner Selection
Gyanesh Kumar, a retired IAS officer, has been appointed as an Election Commissioner, joining the high-powered committee responsible for selecting new ECs.
Photo by Harshal
Gyanesh Kumar, a retired IAS officer, has been appointed as one of the two Election Commissioners (ECs), joining the high-powered committee responsible for selecting new ECs. This appointment is significant because the selection process for Election Commissioners has been a subject of recent debate and a landmark Supreme Court judgment.
The new law for appointing ECs and the Chief Election Commissioner (CEC) involves a committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition in the Lok Sabha. This development is crucial for understanding the evolving framework for independent constitutional bodies in India.
मुख्य तथ्य
Gyanesh Kumar appointed as Election Commissioner.
He joins the selection panel for new ECs.
The selection committee now includes the PM, a Union Cabinet Minister, and the Leader of the Opposition.
UPSC परीक्षा के दृष्टिकोण
Constitutional provisions related to ECI (Article 324).
Independence of constitutional bodies and challenges to it.
Separation of powers and judicial review vs. parliamentary supremacy.
Evolution of appointment processes for key constitutional posts.
Role of the Leader of Opposition in democratic governance.
दृश्य सामग्री
Evolution of Election Commissioner Appointment Process in India
This timeline illustrates the key milestones and legal changes in the appointment process for Election Commissioners and the Chief Election Commissioner, leading up to the recent appointment of Gyanesh Kumar.
The appointment process for Election Commissioners has historically been based on executive discretion. Concerns over the independence of the ECI led to a landmark Supreme Court intervention in 2023, which temporarily established a selection committee. This was subsequently superseded by a new parliamentary law, significantly altering the composition of the selection body and sparking further debate on ECI's autonomy.
- Pre-2023President appointed CEC/ECs on government's advice (Council of Ministers). No specific statutory framework for selection committee.
- March 2023Supreme Court Judgment (Anoop Baranwal v. Union of India) mandates a selection committee comprising PM, LoP, and CJI for appointments, until Parliament enacts a law.
- Dec 2023Parliament enacts 'The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023'. This law replaces the SC-mandated committee.
- March 2024Gyanesh Kumar and Sukhbir Singh Sandhu appointed as Election Commissioners under the new 2023 Act, by a committee of PM, Union Cabinet Minister, and LoP.
New Appointment Process for CEC and ECs (Under 2023 Act)
This flowchart details the step-by-step procedure for appointing the Chief Election Commissioner and other Election Commissioners as per 'The Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023'.
- 1.Search Committee (Headed by Cabinet Secretary) prepares a panel of 5 names.
- 2.Panel of names submitted to the Selection Committee.
- 3.Selection Committee comprises: Prime Minister (Chairperson), Leader of the Opposition in Lok Sabha, Union Cabinet Minister (nominated by PM).
- 4.Selection Committee recommends a name to the President.
- 5.President makes the final appointment of CEC/EC.
और जानकारी
पृष्ठभूमि
The Election Commission of India (ECI), established under Article 324 of the Constitution, is a permanent and independent body responsible for conducting free and fair elections. Its independence is crucial for democratic functioning.
Historically, the appointment of Election Commissioners (ECs) and the Chief Election Commissioner (CEC) has been solely by the President, based on the advice of the Council of Ministers. This practice led to concerns about executive dominance and potential erosion of the ECI's independence.
नवीनतम घटनाक्रम
A landmark Supreme Court judgment in March 2023 (Anup Baranwal v. Union of India) mandated a selection committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India (CJI) for appointing ECs/CEC, until Parliament enacted a law.
Subsequently, Parliament passed 'The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023', which replaced the CJI with a Union Cabinet Minister nominated by the Prime Minister in the selection committee. The recent appointment of Gyanesh Kumar as an EC under this new law highlights the operationalization of this revised framework.
बहुविकल्पीय प्रश्न (MCQ)
1. Consider the following statements regarding the appointment of Election Commissioners in India: 1. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, establishes a selection committee comprising the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition in the Lok Sabha. 2. Article 324 of the Constitution of India provides for the appointment of the Chief Election Commissioner and other Election Commissioners by the President, subject to the provisions of any law made in that behalf by Parliament. 3. An Election Commissioner can be removed from office in the same manner and on the same grounds as a judge of the Supreme Court. Which of the statements given above is/are correct?
उत्तर देखें
सही उत्तर: A
Statement 1 is correct. The new Act of 2023 indeed constitutes a selection committee with the Prime Minister, a Union Cabinet Minister, and the Leader of the Opposition in the Lok Sabha. Statement 2 is correct. Article 324(2) states that the appointment of the CEC and other ECs shall be made by the President 'subject to the provisions of any law made in that behalf by Parliament'. Statement 3 is incorrect. Only the Chief Election Commissioner can be removed from office in the same manner and on the same grounds as a judge of the Supreme Court. Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.
2. In the context of the appointment of Election Commissioners and the Chief Election Commissioner, consider the following statements: 1. Prior to the enactment of the 2023 Act, the Supreme Court had mandated a selection committee including the Chief Justice of India for these appointments. 2. The Constitution of India explicitly specifies the procedure for the appointment of Election Commissioners. 3. The conditions of service and tenure of Election Commissioners are determined by the President. Which of the statements given above is/are correct?
उत्तर देखें
सही उत्तर: A
Statement 1 is correct. In the Anup Baranwal v. Union of India case (March 2023), the Supreme Court had indeed mandated a selection committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India for the appointment of ECs/CEC, until Parliament enacted a law. Statement 2 is incorrect. Article 324(2) states that the appointment is 'subject to the provisions of any law made in that behalf by Parliament', meaning the Constitution itself does not explicitly specify the procedure but leaves it to Parliament. Statement 3 is incorrect. The conditions of service and tenure of Election Commissioners are determined by Parliament through law, not directly by the President. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, now governs these aspects.
3. Which of the following statements is NOT correct regarding the Election Commission of India?
उत्तर देखें
सही उत्तर: B
Statement A is correct. The Chief Election Commissioner and other Election Commissioners enjoy equal powers and draw equal salaries, allowances, etc., which are similar to those of a judge of the Supreme Court. Statement B is NOT correct. In case of difference of opinion amongst the Chief Election Commissioner and other Election Commissioners, the matter is decided by the Commission by majority vote, not solely by the Chief Election Commissioner. Statement C is correct. The Constitution has not prescribed any qualifications for the members of the Election Commission. Statement D is correct. The Constitution has not debarred the retiring Chief Election Commissioners and Election Commissioners from any further appointment by the government.