Selection panel comprising PM, Amit Shah and Rahul Gandhi to meet on Feb 17 to select next CEC

The selection of the new CEC through this committee would be a first, as Kumar’s retirement creates the first CEC vacancy since the Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023, was passed. As per the Act, the CEC and ECs have to be selected by the Selection Committee either from a panel of five names drawn up by a Search Committee chaired by the Law Minister or any other person outside of the panel. Before the Act was passed, the CEC was appointed by elevating the next senior-most EC in the commission.

Even now, the Selection Committee can select Election Commissioner Gyanesh Kumar, who is next in seniority after Rajiv Kumar, but the process mandated in the Act will have to be followed. The Act, however, gives the Selection Committee the option of going outside of the two existing ECs for appointing the CEC.

As per the Act, the Search Committee of the Law Minister and two Secretaries to the Government of India have to prepare a panel of five persons for consideration of the Selection Committee. The Act says the CEC and ECs will 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.”

Meanwhile, the Supreme Court is scheduled to hear a petition challenging the validity of the Act on February 19.