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 18-Feb-2025

Gyanesh Kumar – New Chief Election Commissioner

Miscellaneous

Why in News? 

On February 17, 2025, the Law Ministry officially appointed Election Commissioner Gyanesh Kumar as the next Chief Election Commissioner (CEC) of India. 

Selection and Appointment  

  • Appointing Authority: Selected by a three-member committee led by Prime Minister Narendra Modi in New Delhi. 
  • Legal Context: His selection coincides with an upcoming Supreme Court hearing on the new law governing Election Commission appointments. 
  • Seniority: Before becoming CEC, he was the senior-most Election Commissioner after CEC Rajiv Kumar. 
  • Reason for Selection: His extensive experience in administration and governance made him a strong candidate to lead the Election Commission of India. 

 Administrative & Government Career 

  • State-Level Roles (Kerala Government): As a 1988-batch IAS officer from the Kerala cadre, he has held key positions, including: 
    • Assistant Collector, Ernakulam 
    • Sub-Collector, Adoor 
    • Managing Director, Kerala State Development Corporation for SC/ST 
    • Municipal Commissioner, Cochin Corporation 
    • Secretary, Kerala Government, overseeing finance, public works, and fast-track projects 
  • Central Government Roles: At the national level, Gyanesh Kumar has served in various critical ministries, including: 
    • Joint Secretary, Ministry of Defence 
    • Joint Secretary & Additional Secretary, Ministry of Home Affairs 
    • Secretary, Ministry of Parliamentary Affairs 
    • Secretary, Ministry of Cooperation 
    • One of his most notable contributions was his role in implementing key decisions after the abrogation of Article 370 in Jammu and Kashmir while serving in the Union Home Ministry. 

Journey in the Election Commission 

  • After retiring as Union Cooperation Secretary on January 31, 2024, he was appointed as an Election Commissioner on March 14, 2024. 
  • As an Election Commissioner, he played a vital role in ensuring free, fair, and transparent elections across India. 

  

Election Commission of India (ECI)  

  • The Election Commission of India (ECI) is an independent constitutional authority responsible for conducting elections at the Union and State levels. 
  • Established on 25th January 1950 (celebrated as National Voters' Day). 
  • Headquarters: New Delhi. 
  • Conducts elections for Lok Sabha (House of the People), Rajya Sabha (Council of States), State Legislative Assemblies and President & Vice President of India. 

 Constitutional Provisions (Part XV: Articles 324-329) 

  • Article 324: Grants the ECI the authority to supervise, direct, and control elections. 
  • Article 325: Ensures no individual is denied electoral rights based on religion, race, caste, or sex. 
  • Article 326: Elections to the Lok Sabha & State Assemblies are based on adult suffrage. 
  • Article 327: Parliament has the power to legislate election procedures. 
  • Article 328: State legislatures have the power to regulate state elections. 
  • Article 329: Courts cannot interfere in electoral matters. 

 Structure of the Election Commission 

  • Presently consists of 
    • Chief Election Commissioner (CEC). 
    • Two Election Commissioners (ECs). 
  • At the state level, the Chief Electoral Officer assists in conducting elections. 

 Appointment & Tenure 

  • Appointment: The President of India appoints the CEC and ECs as per the CEC and Other ECs (Appointment, Conditions of Service and Term of Office) Act, 2023. 
  • Tenure: Fixed term of six years or until they reach 65 years of age, whichever comes first. 

 Removal Process 

  • Resignation: CEC and ECs can resign at any time. 
  • Removal 
    • CEC can only be removed through a parliamentary impeachment process, similar to that of an SC judge. 
    • ECs can be removed only on the recommendation of the CEC.