New Delhi, January 11
The Supreme Court will examine the law on appointment of Election Commission members as the validity of the new law barring the Chief Justice of India from being a member of the Election Commission has been challenged. The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Tenure of Office) Act came into effect in December 2023. It was first used in March 2024 to appoint Gyanesh Kumar and SS Sandhu as Election Commissioners. He was appointed to the post left vacant by the resignation and retirement of Arun Goyal and Anup Chandra Pandey. Chief Election Commissioner Rajeev Kumar will retire on February 18 after attaining the age of 65 years. Therefore, for the first time, the Chief Election Commissioner will be appointed under the new law. In the petition, the change in the composition of the election committee has been challenged. The Supreme Court will hear the case on February 4.
Before the new law relating to appointment of CEC and Election Commissioners came into force, 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 CEC. But soon a committee headed by the Prime Minister will decide on the new Election Commissioner. Among Gyanesh Kumar and Sandhu, Kumar is the senior. Gyanesh Kumar’s tenure is till January 26, 2029, when he will be 65 years old. According to the law, a search committee headed by the law minister and consisting of two central secretaries will select five names and forward them to the selection committee. After that, the Election Committee headed by the Prime Minister will recommend those five names to the President for the appointment of Chief Election Commissioner and Election Commissioner. This selection committee will consist of the Prime Minister, a Union Minister nominated by him and the Leader of the Opposition in the Lok Sabha. -News-Patiala
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