Gyanesh Kumar & Sukhbir S. Sandhu appointed new Election Commissioner

On 14 March 2024, Prime Minister Narendra Modi's led three-member selection panel appointed Gyanesh Kumar and Sukhbir Singh Sandhu as the new Election Commissioners in the Election Commission of India. However, the Opposition member of the panel, Congress leader Adhir Ranjan Chowdhury, expressed his dissent, questioning the process adopted for the appointment of the Election Commission members. 

The new members have been appointed under the newly enacted Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023; The act has been challenged in the Supreme Court.

Election Commission of India 

The Election Commission of India is a constitutional body constituted on 25 January 1950 under Article 324 of the constitution. It consists of a Chief Election Commissioner and other members as the President may appoint.

At present, the Election Commission of India consists of three members. The Chief Election Commissioner is Rajiv Kumar. The other Election Commissioner, Arun Goel, recently resigned from his post, while Anup Pandey retired on 15 February 2024. 

About the new Election Commissioner 

Gyanesh Kumar and Sukhbir Singh Sandhu are both retired IAS officers. Gyanesh Kumar retired as the Secretary of the Ministry of Cooperation.Sukhbir Singh Sandhu retired as the Chief Secretary of Uttarakhand.

Appointment of the Election Commissioner

According to the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act 2023, the members of the Election Commissions are appointed by the President on the recommendation of a search committee.

The search committee consists of  

• Prime Minister as the Chairperson of the committee
• A Union Cabinet minister appointed by the Prime Minister as a member.
• Leader of the Opposition in the Lok Sabha as a member; 

If there is no recognised leader of the opposition in the Lok Sabha, then the leader of the largest opposition party in the Lok Sabha will be the search committee member.

Qualification to be a member of the Election Commission of India 

The 2023 Act prescribes the following qualifications for a person to be appointed as a member of the Election Commission of India.

• The person shall hold or have held a post equivalent to the Secretary to the Government of India.
• The person shall be of integrity and have knowledge of and experience in management and conduct of elections.

Term of the Election Commission members 

• The Chief Election Commissioner and other Election Commissioners hold office for six years from the date they assume their office or until they attain sixty-five years, whichever is earlier.
• The Chief Election Commissioner and other Election Commissioners are not eligible for re-appointment. 
• If an Election Commissioner is appointed as Chief Election Commissioner, then his combined term of office shall not be more than six years. The six-year term will include both his term as the Election Commissioner and the Chief Election Commissioner.