India’s New Chief Election Commissioner

Why in News?

Gyanesh Kumar has been appointed as India’s new Chief Election Commissioner on February 17, 2025. He will succeed the current Chief Election Commissioner, Rajeev Kumar. This appointment brings the possibility of a new perspective in the functioning of the Election Commission and the electoral process.

India’s New Chief Election Commissioner – Gyanesh Kumar

A significant change has occurred in the Election Commission of India with the appointment of Gyanesh Kumar as the 26th Chief Election Commissioner (CEC).

• Date of Birth: January 27, 1964
• Education:
  • B.Tech (Civil Engineering) from IIT Kanpur
  • Business Finance from ICFAI
  • Environmental Economics from Harvard University (HIID)
• IAS Cadre: 1988 batch Kerala cadre officer
• Tenure: Gyanesh Kumar’s tenure will extend until January 26, 2029. During this time, he will oversee several crucial elections, including:
• Bihar Legislative Assembly Elections (2025)
• Kerala, Puducherry, Tamil Nadu, and West Bengal Legislative Assembly Elections (2026)
• Experience:
  • Held various significant positions in the Kerala government, such as Assistant District Magistrate, Sub-Divisional Magistrate, and Managing Director of SC/ST Development Corporation.
  • Worked in important positions in the Government of India, including the Ministry of Defence, Ministry of Home Affairs, and Ministry of Parliamentary Affairs.
  • Played a crucial role as Additional Secretary in the Ministry of Home Affairs in the abrogation of Article 370 provisions in Jammu and Kashmir.
  • Managed documents related to the Supreme Court case of the Ram Temple.
  • Worked across various sectors from Kerala to the Government of India, including fast-track projects, financial resources, and the Public Works Department.
  • Who is the Chief Election Commissioner?

The Chief Election Commissioner (CEC) is the highest officer of the Election Commission of India and plays a vital role in the Indian democracy. The CEC leads the Election Commission and is responsible for ensuring the electoral process is independent, fair, and transparent. This position is one of the most crucial constitutional positions in India’s democracy.

• Appointment Process:
  • New Act: Under the “Appointment, Service Conditions, and Tenure Act” introduced in 2023, the process for appointing the CEC has changed. Now, the selection is done by a three-member committee consisting of the Prime Minister, the Leader of Opposition, and a Cabinet Minister.
  • Recommendations and Selection: Before this committee, a search panel suggests five potential candidates, and the selection committee finalizes one name, which is then sent to the President for approval, after which the notification for the appointment is issued.
  • Former Process: Previously, the appointment was made based on the Prime Minister’s recommendation to the President, which has now changed with the new process.
• Tenure and Powers:
  • Tenure: The CEC’s tenure is six years or until the age of 65, whichever is earlier.
  • Powers: The CEC has the authority to decide the election schedule, enforce the code of conduct, and cancel elections if any irregularities or misconduct are found. Additionally, the CEC can issue instructions related to the electoral process.
• Eligibility:
  • To become the CEC, the candidate must be a Secretary-level officer in the Government of India capable of handling the highest responsibilities of the position.
• Duties:
  • The Chief Election Commissioner is responsible for conducting elections to the Lok Sabha, State Assemblies, President, and Vice-President. Furthermore, they perform the following tasks:
  • Ensure strict adherence to the Model Code of Conduct during elections.
  • Register and recognize new political parties.
  • Conduct awareness campaigns to increase voter turnout.
  • Recommend electoral reforms to strengthen democracy.
• Salary: The salary and service conditions of the CEC are equivalent to that of a Supreme Court Judge. The CEC’s salary, allowances, and other benefits are similar to those of Supreme Court judges.
• Process of Removal:
  • The Chief Election Commissioner can only be removed through the impeachment process in Parliament, ensuring their independence.
  • They may also resign voluntarily or be removed before the end of their tenure.
• Limitations:
  • The Constitution does not specify any particular legal, educational, administrative, or judicial qualifications for Election Commissioners.
  • There are no specific provisions in the Constitution regarding the tenure of Election Commission members.

Election Commission of India (ECI)

The Election Commission of India (ECI) is the most important body in the country’s electoral system, endowed with autonomy and authority under the Indian Constitution. The ECI is not only responsible for conducting national elections but also ensures that elections are fair and transparent based on the procedures specified in the Constitution.

• Establishment: 
  • The Election Commission of India was established on 25th January 1950. This day is celebrated as National Voters’ Day.
  • The headquarters of the Election Commission is located in New Delhi.
• Constitution: Part XV (Articles 324-329) of the Indian Constitution deals with the Election Commission, outlining its powers, functions, and control mechanisms:
  • Article 324: The Election Commission is entrusted with the overall supervision, direction, and control of elections.
  • Article 325: No person shall be excluded from the electoral list based on religion, caste, or gender, nor shall they be disenfranchised on these grounds.
  • Article 326: Elections to the Lok Sabha and each State Assembly shall be based on adult suffrage.
  • Article 327: The Parliament has the power to legislate on matters related to elections.
  • Article 328: The legislature of each State has the power to legislate on matters related to State elections.
  • Article 329: Judicial intervention in electoral matters is prohibited.
• Structure: 
  • Initially, the Election Commission had only one Election Commissioner, but on 16th October 1989, it was restructured into a three-member commission.
  • Currently, it consists of a Chief Election Commissioner (CEC) and two other Election Commissioners.
  • At the state level, the Chief Electoral Officer (who is an IAS officer) assists the Election Commission in its functions.

Functions and Powers of the Election Commission

• The primary function of the Election Commission is to set the election schedule and manage the entire electoral process.
• It periodically announces general elections and by-elections to ensure the electoral process is completed on time.
• The Election Commission prepares the electoral rolls, containing details of all eligible voters.
• It also issues Voter Identification Cards (EPIC).
• The Commission selects locations for polling and counting centers, ensuring necessary arrangements (like security, facilities, etc.) are in place for smooth functioning.
• The Election Commission grants recognition to political parties and allocates election symbols to them. It also resolves disputes related to political parties.
• The Election Commission issues the Model Code of Conduct to ensure that no party or candidate engages in unfair practices or misuses power during elections.
• It sets the limits on campaign expenditure for each candidate and monitors it.
• If members of Parliament or State Assemblies violate election rules, the Commission can disqualify them.
• The Election Commission has the authority to redraw constituency boundaries.
• If electoral irregularities or misconduct are found, the Election Commission has the power to cancel elections.
• Additionally, the Election Commission presents binding opinions on matters related to electoral corruption to the President.

Challenges Before the Election Commission

The Election Commission of India (ECI) is the foundation of democracy, ensuring the freedom and fairness of elections. However, it faces several challenges that raise questions about its effectiveness and impartiality.

• Criminalization of Politics: Over the years, there has been an increase in violence, electoral malpractices, and black money in Indian politics, leading to the criminalization of politics. Controlling the influence of criminal elements and black money is a significant challenge for the Election Commission, as it affects the democratic process.
• Violation of the Model Code of Conduct: During elections, the use of government vehicles and buildings is often in violation of the Model Code of Conduct. The large-scale misuse of power by state governments during elections presents a significant challenge for the Election Commission, as it impacts the fairness of the elections, requiring more effective measures to prevent it.
• Impartiality: The Election Commission lacks legal authority to regulate the internal democracy and financial management of political parties, making it difficult to maintain transparency in elections. Allegations of faulty EVMs, hacking, and votes not being recorded have reduced public trust in the Election Commission. To ensure ethical conduct, it is necessary that competent and qualified individuals are appointed to high positions within the Commission.

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