Gyanesh Kumar Likely to be Appointed as New Chief Election Commissioner

New Delhi: Gyanesh Kumar, an Indian Administrative Service (IAS) officer of the 1988 batch belonging to the Kerala cadre, is set to be the next Chief Election Commissioner (CEC) after his name was cleared by the Selection Committee chaired by Prime Minister Narendra Modi. Kumar, who has been serving as the Election Commissioner since March 2024, is poised to replace Rajiv Kumar, who retires on February 18.

Sources familiar with the developments revealed that the Selection Committee, which had PM Modi, Union Home Minister Amit Shah, and Lok Sabha Leader of Opposition Rahul Gandhi in it, agreed on Kumar’s name. Incidentally, Kumar is believed to be close to Home Minister Shah. His actual appointment now also waits for the formal notification that is imminent.

This is the first appointment following the new Chief Election Commissioner and Other Election Commissioners Bill, 2023, that took effect in December last year. The bill is at present being subject to legal consideration by the Supreme Court, which will hold its hearing on February 19. Rahul Gandhi, who was also present at the Selection Committee meeting, called for delaying the process of selection for two to three weeks to permit the Supreme Court to make the judgment.

The Supreme Court is expected to hear motions for challenge to the CEC and Other Election Commissioners Bill, 2023, contending that the new selection process disproportionately benefits the Executive. The bill amends the structure of the selection panel by substituting the Chief Justice of India with a Union Minister appointed by the government. Opponents allege that this change compromises the autonomy of the Election Commission and may shift the balance in favor of the ruling party.

The Congress party has vehemently opposed the selection procedure, pointing out that the government must have waited for the Supreme Court’s judgment before making the appointment. The party leader Abhishek Singhvi said that the party asked the Centre to request an expedited hearing and disposal of the case.

The Supreme Court had, in a historic judgment on March 2, 2023, held that in order to provide a level playing field in elections, the selection panel for the CEC and Election Commissioners must consist of the Prime Minister, Chief Justice of India, and the Leader of Opposition. The 2023 legislation changed this composition by leaving out the Chief Justice.

Should his appointment be finalized, Gyanesh Kumar’s term as CEC would face intense scrutiny in the light of doubts surrounding the impartiality of the electoral process under the newly introduced selection method. While the Supreme Court is preparing to receive the petitions, the political and legal consequences of this nomination will become clearer over the next few days.