• Election commissioner Gyanesh Kumar was appointed as the next Chief Election Commissioner.

• In exercise of powers conferred by section 4 of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, President Droupadi Murmu has appointed Gyanesh Kumar as Chief Election Commissioner in the Election Commission of India, with effect from February 19. 

• He will succeed Rajiv Kumar who will demit the office of Chief Election Commissioner on February 18.

• Rajiv Kumar had joined EC as Election Commissioner on September 1, 2020 and assumed charge as the 25th Chief Election Commissioner on May 15, 2022. 

• Gyanesh Kumar is the first CEC to be appointed under the new law on the appointment of the members of the Election Commission. His term will run till January 26, 2029.

• Vivek Joshi, a 1989-batch Haryana cadre Indian Administrative Service (IAS) officer, has been appointed as an election commissioner. Born on May 21, 1966, Joshi (58) will serve in the poll panel till 2031.

• Sukhbir Singh Sandhu is the other election commissioner. He joined the EC on March 14, 2024. He is a 1988-batch IAS officer from Uttarakhand cadre.

Who is Gyanesh Kumar?

• Gyanesh Kumar is a 1988-batch Kerala cadre IAS officer.

• After completing his B.Tech in Civil Engineering from the Indian Institute of Technology (IIT), Kanpur, he studied Business Finance in ICFAI, India and Environmental Economics in HIID, Harvard University, US.

• He has worked in the government of Kerala as the assistant collector of Ernakulam, sub-collector of Adoor, managing director of the Kerala State Development Corporation for SC/ST, municipal commissioner of the Corporation of Cochin, besides holding other posts.

• As a secretary to the government of Kerala, Kumar handled diverse departments, such as finance resources, fast-track projects and the public works department.

• In the central government, he has rich experience of working as the joint secretary in the Ministry of Defence, joint secretary and additional secretary in the Ministry of Home Affairs, secretary in the Ministry of Parliamentary Affairs and secretary in the Ministry of Cooperation.

• Kumar played a key role in implementing decisions following the abrogation of Article 370 of the Constitution in Jammu & Kashmir during his stint in the Ministry of Home Affairs.

• He took charge as an election commissioner on March 15, 2024.

• During his tenure as the 26th CEC, Kumar will oversee the Bihar Assembly polls later this year, and the Kerala and Puducherry Assembly polls in 2026.

• Similarly, he will oversee the Assembly polls in Tamil Nadu and West Bengal, which are also due in 2026.

Appointment of election commissioners

• On December 28, 2023, the President gave assent to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023.

• The Chief Election Commissioner and other election commissioners shall be appointed from amongst persons who are holding or have held a post equivalent to the rank of secretary to the government of India and shall be persons of integrity, who have knowledge of and experience in management and conduct of elections.

• A search committee headed by the Minister of Law and Justice and comprising two other members not below the rank of secretary to the government of India, shall prepare a panel of five persons for consideration of the selection committee, for appointment as the Chief Election Commissioner and other election commissioners.

The Chief Election Commissioner and other election commissioners shall be appointed by the President on the recommendation of a selection committee consisting of:

a) Prime Minister - chairperson

b) Leader of Opposition in the House of the People - member

c) A Union Cabinet Minister to be nominated by the PM - member.

• The Chief Election Commissioner and other election commissioners shall be paid a salary which is equal to the salary of a judge of the Supreme Court.

• The Chief Election Commissioner and other election commissioners shall hold office for a term of six years from the date on which he assumes his office or till he attains the age of 65 years, whichever is earlier.

• The Chief Election Commissioner and other election commissioners shall not be eligible for re-appointment.

• Where an election commissioner is appointed as Chief Election Commissioner, his term of office shall not be more than six years in aggregate as the election commissioner and the Chief Election Commissioner.

• The Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a judge of the Supreme Court.

• The other election commissioners shall not be removed from office except on the recommendation of the Chief Election Commissioner.

• A clause related to protection from initiation of legal proceedings against the Chief Election Commissioner and election commissioners for actions taken while carrying out their duties has also been introduced through the amendments.

Election Commission of India

• The Election Commission of India (EC) is a permanent independent constitutional body created under Article 324 of the Indian Constitution. 

• The EC was set up on January 25, 1950, on the eve of India becoming a sovereign democratic republic with its headquarters in New Delhi. 

Functions of EC

• EC is vested with the powers and responsibilities of superintendence, direction and control of the entire process of preparation and revision of electoral rolls for, and conduct of, elections to the houses of Parliament and Legislatures of the states and the Union Territories and of elections to the offices of President and Vice-President. 

• It prepares, maintains and periodically updates (new registration, modification and deletion as per guidelines) the electoral rolls, registers political parties/candidates, supervises the whole process of conducting election, monitors the election campaigns, including funding and expenditure of candidates, maintaining Model Code of Conduct (MCC) to make the entire electoral process free fair democratic and accessible for all its stakeholders. 

• It also facilitates coverage of the election process by the media, carries out the voter education and awareness measures, organises the polling stations/ booths where voting takes place, and oversees under stringent surveillance mechanisms the counting of votes and the declaration of results. 

• EC has introduced polling through EVMs (Electronic Voting Machines) and recently, introduced VVPAT (Voter Verifiable Paper Audit Trail) with an intention to enhance transparency and credibility of all the stakeholders in the electoral process. 

• The poll panel has provided for compulsory identification at the time of voting by means of Electors’ Photo Identity Cards (EPICs) and distribution of Photo Voter Slips to all electors close to polls. 

• Elections are conducted according to the constitutional provisions, supplemented by laws made by Parliament and rules and orders made thereunder. 

The major laws are: 

i) The Presidential and Vice-Presidential Elections Act, 1952.

ii) The Representation of the People Act, 1950.

iii) The Representation of the People Act, 1951. 

• All political parties are required to get themselves registered with the Election Commission. Based on performance criteria laid down in the Election Symbols (Reservation & Allotment) Order 1968, the EC grants recognition to political parties as national or state parties. It also decides disputes relating to splits/mergers of recognised political parties.

Multi-member Commission

• The first Chief Election Commissioner (Sukumar Sen) was appointed on March 21, 1950. 

• Originally, the commission had only a Chief Election Commissioner. It currently consists of the Chief Election Commissioner and two election commissioners.

• Two additional commissioners were first appointed on October 16, 1989, but they had a very short tenure till January 1, 1990. Later, on October 1, 1993, two additional election commissioners were appointed.

• The concept of multi-member Commission has been in operation since 1993, with decision making power by majority vote.

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