The new Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Bill, in particular, ignited the conflict in 2023. Henceforth, a Union Minister selected by the Prime Minister-a departure from the Chief Justice of India-has been able to alter the selection procedure. It has come under scrutiny because its provisions give the government a greater hold upon the appointment process to the Election Commission.
Before becoming the most recent Chief Election Commissioner, Gyanesh Kumar served in a number of significant positions, including the Center’s Parliamentary Affairs Secretary and Cooperation Secretary. He was instrumental in the repeal of Article 370 pertaining to Jammu and Kashmir while he was employed for the Union Home Ministry.
The federal government defended the whole hiring procedure in which the appointment was contested, claiming that the inclusion of a single judge on the screening panel was insufficient evidence of the Election Commission’s independence. According to the Union Law Ministry’s affidavit to the Supreme Court, the Commission’s independence is unaffected by the inclusion of a judicial member.
The independence of institutions in relation to the political appointment process has been a constant battle. The controversy surrounding Gyanesh Kumar’s appointment as CEC clarifies this.