India New Chief Election Commissioner: Gyanesh Kumar Appointed Amid Supreme Court Challenge

India New Chief Election Commissioner: In a late-night development on Monday, February 18, 2025, President of India appointed Gyanesh Kumar as the new Chief Election Commissioner (CEC). To fill the vacancy created by his promotion, Haryana Chief Secretary Vivek Joshi was named as the new Election Commissioner (EC).

This is the first time the appointment of the CEC has been made under the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023. However, the new appointment has sparked controversy, as the Opposition Leader Rahul Gandhi opposed the decision and issued a dissent note, citing an ongoing Supreme Court challenge against the CEC appointment process under the new law.

Why is the CEC Appointment Controversial?

Under the previous system, the CEC and ECs were appointed by the President based on the Union Government's recommendation. However, in March 2023, the Supreme Court ruled that appointments should be made by a committee comprising the Prime Minister, Leader of Opposition (LoP) in Lok Sabha, and the Chief Justice of India (CJI) until a law was enacted.

Later, the 2023 law replaced the CJI with a Cabinet Minister, which gave the ruling government a dominant role in the selection process. This law has been challenged in the Supreme Court, with a hearing scheduled for February 19, 2025. Despite the pending case, the government proceeded with the CEC’s appointment, leading to backlash from Congress and other opposition parties.

Congress Calls It a "Hasty Midnight Move"

Congress leader KC Venugopal criticized the move, calling it a "hasty midnight decision", arguing that the government should have waited for the Supreme Court hearing on February 19 before making the appointment.

Senior Congress leader Abhishek Manu Singhvi also raised concerns, stating that the new law violates the Supreme Court's March 2023 judgment, which mandated a balanced selection panel. Singhvi emphasized that giving the ruling government control over appointments threatens the neutrality of the Election Commission.

What Happens Next?

The Supreme Court is set to hear the challenge against the new law on February 19. Petitioners have argued that the CEC appointment should have been delayed until the Court's verdict. However, the government moved forward with the process, citing the February 18 retirement of former CEC Rajiv Kumar as the reason for urgency.

The Supreme Court has assured that its verdict on the new law will have consequences, regardless of the recent appointment. While no major elections are due soon, the next big state election in Bihar is scheduled for November 2025, making the role of the new CEC crucial in the months ahead.