PM Modi, Amit Shah & Rahul Gandhi Meet to Appoint New Chief Election Commissioner: Understanding the New Selection Process
New Delhi, Feb 17, 2025 – In a historic move, Prime Minister Narendra Modi, Home Minister Amit Shah, and Leader of Opposition Rahul Gandhi convened on Monday evening to appoint the successor of Chief Election Commissioner (CEC) Rajiv Kumar, who is set to retire on Tuesday. This marks the first time a selection panel has been established to appoint the head of the country’s election watchdog.
During the 30-minute meeting, Gandhi submitted a dissent note, requesting the government to defer the appointment until the Supreme Court decides on petitions challenging the new appointment process. Despite his objection, a decision was reportedly made on the next CEC and Election Commissioner, with an official announcement expected soon.
This meeting is significant because it comes under a new law—the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023—which has changed the way India appoints its top election officers.
How Were Chief Election Commissioners Appointed Earlier?
The Election Commission (EC) consists of one Chief Election Commissioner and two Election Commissioners. Though all three members have equal powers, the CEC is regarded as the first among equals, similar to the Chief Justice of India.
Until now, there was no formal law governing the appointment of Election Commissioners. The President appointed the CEC and ECs on the advice of the Prime Minister. Traditionally, the senior-most Election Commissioner was chosen as the next CEC, ensuring continuity in leadership.
Currently, the Election Commission comprises:
- Rajiv Kumar (Chief Election Commissioner)
- Gyanesh Kumar (Election Commissioner)
- Sukhbir Singh Sandhu (Election Commissioner)
Since Gyanesh Kumar and Sukhbir Singh Sandhu were appointed on the same day (March 14, 2024) and belong to the same IAS batch (1988), Gyanesh Kumar was considered senior, based on the order of names in the appointment notification. Under the old system, Gyanesh Kumar would have automatically been promoted to CEC upon Rajiv Kumar’s retirement.
However, this seniority-based tradition has now been replaced by a structured selection process.
How Is the CEC Being Appointed This Time?
Under the 2023 Act, the appointment of the CEC and ECs follows a two-step process:
- A Search Committee (led by the Law Minister and two senior bureaucrats) prepares a shortlist of five names.
- A Selection Committee (comprising the Prime Minister, Leader of Opposition, and a Union Minister nominated by the PM) chooses the final candidate.
For this appointment, the Selection Committee included:
- Prime Minister Narendra Modi
- Home Minister Amit Shah (as the Cabinet Minister nominated by PM)
- Leader of Opposition Rahul Gandhi
The committee met at the Prime Minister’s Office (South Block) on Monday evening to finalize the successor. While Gyanesh Kumar was on the shortlist, the new law allows the government to consider other candidates, making it possible for an outsider to be chosen.
Why Did Rahul Gandhi Object?
Rahul Gandhi opposed the selection process, arguing that the appointment should be delayed until the Supreme Court decides on petitions challenging the new law. His dissent note was formally recorded, but the committee proceeded with the selection.
The controversy arises from the removal of the Chief Justice of India (CJI) from the selection process. Previously, the Supreme Court had ruled that the CEC and ECs should be chosen by a panel including the CJI, to prevent government bias. However, Parliament overruled this in December 2023, replacing the CJI with a Cabinet Minister nominated by the Prime Minister, giving the government greater control.
What Are the Eligibility Criteria Under the New Law?
The 2023 Act sets clear eligibility rules:
- Only individuals who have served as a Secretary to the Government of India (or an equivalent rank) can be appointed.
- The appointee must have integrity, experience, and knowledge in election management.
- The CEC and ECs cannot be reappointed.
- If an Election Commissioner is later promoted to CEC, their total tenure cannot exceed six years.
Why Was the Appointment Process Changed?
The Supreme Court’s intervention led to the new appointment process. Between 2015 and 2022, several petitions challenged the government’s exclusive power in appointing Election Commissioners.
In March 2023, the Supreme Court ruled that a selection panel comprising the PM, Leader of Opposition, and Chief Justice of India should make the appointments until Parliament enacted a law. However, when the government introduced the Bill in December 2023, it replaced the CJI with a Union Minister nominated by the PM, ensuring a majority for the ruling government in the panel.
Critics argue this move reduces transparency and independence in the appointment process, leading to potential political influence over the Election Commission.
Will This Selection Process Settle the Issue?
Not necessarily. The Supreme Court is set to hear petitions challenging the new law on February 19, a day after Rajiv Kumar’s retirement.
The key constitutional question before the Court is whether Parliament can override a Constitution Bench judgment through a new law.
Justice Surya Kant, while scheduling the hearing, stated that the Court’s ruling would apply even if the appointment had already been made. This means that if the Court strikes down the new law, the current appointment process could be declared invalid, potentially forcing a reconsideration of the selection.
What Happens Next?
- The President will formally appoint the new CEC and Election Commissioner based on the Selection Committee’s recommendation.
- The Supreme Court will hear the case on February 19, and its verdict could impact the current selection.
- If the Court invalidates the new law, the government may have to revert to a judicially-approved selection process.
Conclusion
This is the first time India has implemented a formal selection panel for appointing the Chief Election Commissioner. While the new process introduces structured procedures, the controversy over the government’s control in the panel has led to legal challenges.
As the Supreme Court prepares to review the law, the fate of India’s election watchdog’s independence remains uncertain. The outcome could reshape the country’s democratic framework, influencing how future elections are conducted and overseen.