SC: For the first time, a new CEC will be appointed under the changed rules; Supreme Court will consider the new law

The dates for the elections in Delhi have been announced. Meanwhile, the date of retirement of Chief Election Commissioner Rajiv Kumar is also approaching. The CEC will retire from his post a few days after the voting and results in Delhi. In such a situation, for the first time after Rajiv Kumar, the appointment of a new Chief Election Commissioner will be done under the changed rules. Earlier, the Chief Justice of India (CJI) was also included in the panel of the Chief Election Commissioner. But in the new law, the CJI has been excluded from the panel. In such a situation, the Supreme Court will now look at this new law. The validity of this law has been challenged.

The Chief Election Commissioner and Other Election Commissioners (Appointment, Service Conditions and Tenure) Act, which came into force in December 2023, was first used in March 2024, when Gyanesh Kumar and SS Sandhu were appointed Election Commissioners. This appointment took place after the resignation of Arun Goel and the retirement of Anup Chandra Pandey.

Will retire on February 18

Chief Election Commissioner (CEC) Rajiv Kumar will retire from the post on February 18 after completing the age of 65 years. After this, the Chief Election Commissioner will be appointed for the first time under the new law.

How was the appointment done earlier?

Before the implementation of the new law, the Election Commissioners were appointed by the President on the recommendation of the government. According to tradition, the most senior Election Commissioner was promoted to the post of Chief Election Commissioner. But this time the committee led by the Prime Minister will decide on the new Election Commissioner.

Suspicion on the names of these people

Either Gyanesh Kumar and Sandhu will be selected. Gyanesh's tenure is till January 26, 2029, when he will turn 65. According to the law, a search committee headed by the Law Minister and consisting of two Union Secretaries will prepare a panel of five names for the selection committee. The selection committee, which will be headed by the Prime Minister. It will consist of a Union minister nominated by the Prime Minister and the Leader of Opposition in Lok Sabha, will recommend a name to the President for appointment as Chief Election Commissioner or Election Commissioner.

As per Section 6 of the Act, the selection committee also has the power to consider those who have not been shortlisted by the search committee headed by the Law Minister. The 1991 law on CEC and Election Commissioners dealt with their salaries and service conditions but did not deal with the method of appointment.

This is the case

In its March 2, 2023 verdict, a Supreme Court bench headed by Justice KM Joseph (now retired) had constituted a panel comprising the Prime Minister, the Leader of Opposition and the CJI for the appointment of the CEC and Election Commissioners. It had said that until a law is enacted on appointments, the collegium decided by the panel will remain valid. Later, when the government came up with the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Tenure) Bill, it replaced the CJI with a Union minister, who will be named by the Prime Minister, in the selection panel.

The change in the composition of the selection committee has been challenged. Adjourning the matter to February 4, the apex court bench said it will see whose opinion prevails. The court highlighted that it would be the opinion of the court versus the legislative power to make laws under Article 141.