Will the tradition be broken in choosing the Chief Election Commissioner? For the first time, new CEC will be appointed under the changed rules.

New Delhi : Election dates have been announced in Delhi. Meanwhile, the retirement date of Chief Election Commissioner Rajiv Kumar is also approaching. CEC Rajeev Kumar will retire from his/her post a few days after voting and results in Delhi. According to the report, February 18 will be Rajiv Kumar’s last day in his/her office. For the first time after Rajiv Kumar, the appointment of the new Chief Election Commissioner will be under the changed rules. Earlier, the Chief Justice of India was also on the panel of the Chief Election Commissioner. In the new law, CJI has been kept out of the panel.

How will the new CEC be selected?

Traditionally, the Chief Election Commissioner (CEC) is succeeded by the next senior-most Election Commissioner. For the first time, its scope may be broadened as per the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Tenure of Office) Act, 2023. Current CEC Rajeev Kumar is retiring from the post on 18 February. The Election Commission currently consists of the CEC and two Election Commissioners – Gyanesh Kumar and Sukhbir Singh Sandhu.

In such a situation, Gyanesh Kumar may still be in contention, but as per Section 6 and 7 of the Act, the Law Ministry will constitute a search committee under the chairmanship of the Law Minister to prepare a panel of five names for the selection committee.

Who will be included in the selection committee?

The selection committee includes the Prime Minister, a cabinet minister and the leader of the opposition in the Lok Sabha. This committee can consider the name of the new Senior Most Election Commissioner or ‘any other person’ from outside. Section 6 of the Act specifies the procedure for the appointment of the Chief Election Commissioner and other Election Commissioners.

Even though Gyanesh Kumar remains a probable candidate for the top post, the Act gives the selection committee the option to consider names from outside the Election Commission. This has happened in the backdrop of the Election Commission criticizing the opposition parties on several issues ranging from improvement in the voter list to the effectiveness of EVMs.

So an outsider will become CEC

According to media reports, the process regarding the panel is yet to start from the Law Ministry. According to an Indian Express report, a senior Election Commission official said that this change means that outsiders (other than the two serving Election Commissioners) may get the opportunity to lead the Commission.

On the implications of this change, former Chief Election Commissioner OP Rawat said that this opens the option to correct the decision of the previous government if there is a change of government after the elections. This may also affect the credibility of the commission.

CEC will become a secretary level officer

As per Section 5 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Tenure of Office) Act, 2023, candidates for the post shall be present or former Secretary level officers. Section 6 states that a search committee headed by the Minister of Law and Justice shall prepare a panel of five persons for consideration by the Selection Committee for the appointment of the Chief Election Commissioner and other Election Commissioners.

It will include the PM, Leader of Opposition, a cabinet minister and two other members. These two members should not be below the rank of Secretary to the Government of India.