Gyanesh Kumar appointed as India's new Chief Election Commissioner

Shri Gyanesh Kumar took charge as the 26th Chief Election Commissioner of India on 19th February 2025. 

He is a 1988 Batch Kerala Cadre Officer of the lndian Administrative Service. After completing his B.Tech in Civil Engineering from llT Kanpur, he has also studied Business Finance from lCFAl, lndia and Environmental Economics from HllD, Harvard University, USA.

He has worked in the Government of Kerala as Sub Collector of Adoor; MD of Kerala State Development Corporation for SC/ST; Municipal Commissioner of Corporation of Cochin; MD of Kerala State Cooperative Bank; District Collector of Ernakulam; Secretary of Goshree lslands Development Authority; MD of Trivandrum Airport Development Society and Resident Commissioner of Kerala House in New Delhi.

As Secretary to the Government of Kerala, he has handled diverse departments such as Finance Resources; Fast Track Projects; Public Works Department; Modernising Government Program; and Food, Civil Supplies & Consumer Affairs.

ln the Government of India, he has rich experience of working as Joint Secretary in the Ministry of Defence; Joint Secretary & Additional Secretary in the Ministry of Home Affairs; Secretary in the Ministry of Parliamentary Affairs; and Secretary in the Ministry of Cooperation. After superannuation on 31st January 2024, he was appointed as the Election Commissioner in Election Commission of India on 15th of March, 2024.

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This was the first time the appointment was made under the new Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023.

Selection Committee: 

• Prime Minister Narendra Modi, 
• Home Minister Amit Shah, and 
• Leader of Opposition (LoP) Rahul Gandhi.

Rahul Gandhi dissented, asking for the appointment to be delayed until the Supreme Court ruled on petitions challenging the new law.

How were CECs Appointed Earlier?

Election Commission of India (ECI): A three-member body with a Chief Election Commissioner (CEC) and two Election Commissioners (ECs).

The President appointed the CEC & ECs based on the Prime Minister’s advice.Traditionally, the senior-most EC was elevated as the CEC.

Change in 2023:
Supreme Court (March 2023) ruled that the CEC and ECs should be appointed by a panel consisting of:

• Prime Minister,
• Leader of Opposition (LoP),
• Chief Justice of India (CJI).

The Court stated that the framers of the Constitution never intended to give the Executive sole power in appointing Election Commissioners.

Parliament replaced the Chief Justice of India (CJI) with a Union Minister (nominated by the PM) in the selection committee. This gave greater power to the ruling government in appointing the CEC and ECs. The opposition argues that this reduces neutrality in the selection process and makes the Election Commission less independent.

Why Was the Law Challenged in the Supreme Court?
Issue of Independence: Critics argue the CEC should not be a government appointee without judicial oversight.
Government’s Justification:
The law prevents favoritism by ensuring that the CEC is not someone junior to the ECs.
The CEC and ECs must be post-retirement government officials (senior civil servants with 25+ years of experience).
 
Opposition’s Argument:
It violates the Supreme Court's March 2023 ruling, which included the CJI in the process.

The process allows the government to dominate the selection.
Potential loss of neutrality of the Election Commission, which is critical for free and fair elections.

What Are the Next Steps?
▪️The Supreme Court is hearing petitions challenging the new law.
▪️If the Supreme Court strikes down the law, Parliament might need to amend the selection process again.
▪️If the Court upholds the law, the CEC will continue to be appointed by the PM-led panel.