Gyanesh Kumar Appointed As Next Chief Election Commissioner, Congress Raises Objections

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Gyanesh Kumar, a 1988-batch IAS officer from the Kerala cadre, has previously worked in the Union Home Ministry. He played a key role in drafting the bill that led to the abrogation of Article 370 in Jammu and Kashmir in 2019. He is also known to be “close to Mr Shah.”

The government has announced that Election Commissioner Gyanesh Kumar will take over as the next Chief Election Commissioner (CEC) after Rajiv Kumar. Gyanesh Kumar is currently the senior-most election commissioner after Rajiv Kumar. His appointment was confirmed late this evening.

Gyanesh Kumar will oversee key elections, including assembly polls in five states: West Bengal, Kerala, Tamil Nadu (all ruled by the Opposition), and Bihar and Assam (both NDA-ruled). The Bihar election is set for later this year, while the others are scheduled for 2026.

He will also be responsible for a total of 20 Assembly elections, the Presidential and Vice-Presidential elections in 2027, and preparations for the 2029 Lok Sabha elections. His tenure will last until January 26, 2029.

The selection was made by a high-level committee comprising Prime Minister Narendra Modi, Union Home Minister Amit Shah, and Leader of the Opposition Rahul Gandhi. However, Rahul Gandhi opposed the decision and submitted a note of dissent.”

Gyanesh Kumar, a 1988-batch IAS officer from the Kerala cadre, has previously worked in the Union Home Ministry. He played a key role in drafting the bill that led to the abrogation of Article 370 in Jammu and Kashmir in 2019. He is also known to be close to Mr Shah.”

The Congress party has strongly objected to the appointment, arguing that the new law governing the selection process has been challenged in the Supreme Court. The case will be heard on Saturday. The party has accused the government of trying to control the Election Commission and undermining its independence.

Despite this, the government proceeded with the appointment, stating that delaying the selection would leave a vacancy in the Election Commission.

According to government sources, “The court had not stayed the appointment and legal opinion was sought before making the move.”

Previously, the Chief Election Commissioner was appointed by the President of India based on the Prime Minister’s advice. It was a common practice that the senior-most election commissioner would be promoted to the top post.

However, under the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, a new process was introduced:

  • A law minister-led committee shortlists five candidates.
  • A selection panel—comprising the Prime Minister, Leader of the Opposition, and a Cabinet Minister—chooses the final candidate.

This law removed the Chief Justice of India (CJI) from the selection panel, which had been a requirement under a Supreme Court guideline. The change has been challenged in court, with petitioners arguing that replacing the CJI with a Cabinet Minister disrupts the balance of power and affects the neutrality of the committee.

Who is Gyanesh Kumar?

Gyanesh Kumar, a 1988-batch Kerala-cadre officer, retired as Secretary of the Ministry of Cooperation in January last year. He served in the Amit Shah-led ministry from May 2022.

Prior to this, he spent five years in the Home Ministry, first as a Joint Secretary (May 2016 – September 2018) and later as an Additional Secretary (September 2018 – April 2021).

During his tenure as Additional Secretary, he led the Jammu & Kashmir desk and played a key role when Article 370 was abrogated in August 2019. He was known to accompany Amit Shah to Parliament when the bill to nullify Article 370 was introduced.

In March last year, he was appointed as Election Commissioner alongside Sukhbir Singh Sandhu. Gyanesh Kumar holds a B-Tech in Civil Engineering from the Indian Institute of Engineering in Kanpur and has also studied Business Finance at the Institute of Chartered Financial Analysts of India.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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