Election Commission internal rift: What happens if CEC Gyanesh Kumar resigns, who will handle commissions work | Explainer
It is often assumed that the most senior member of the Commission automatically takes over as Chief Election Commissioner when the post becomes vacant, but there is no legal provision for this.
PTC News Desk: Congress leader Rahul Gandhi and the Cockroach Janata Party (CJP), citing reports of internal differences within the Election Commission, have demanded the resignation of Chief Election Commissioner Gyanesh Kumar. The party has decided to hold protests in Mumbai from October 2 over the issue. This demand now raises questions about what impact the CEC's resignation would have on the Election Commission's administrative system and decision-making process, and who would handle the work in his absence.
How is the resignation submitted?
The rules governing the resignation of the Chief Election Commissioner or any other Election Commissioner are contained in Section 11 of the 2023 Act. According to the provision, if the Chief Election Commissioner wants to resign, they must submit a written letter addressed to the President of India. In Gyanesh Kumar's case, if he resigns, the letter would be sent to the President. The post is considered vacant only after the resignation is accepted.
Resignation does not stop the Commission's functioning
Article 324 of the Constitution clearly states that the full Commission is responsible for conducting free and fair elections, updating electoral rolls and supervising elections. At present, two other Election Commissioners, Sukhbir Singh Sandhu and Vivek Joshi, are serving alongside Gyanesh Kumar. The resignation of the Chief Election Commissioner does not dissolve the Commission. Instead, the remaining two Election Commissioners can continue carrying out constitutional functions and taking decisions.
Who will replace Gyanesh Kumar?
It is often assumed that the most senior member of the Commission automatically takes over as Chief Election Commissioner when the post becomes vacant, but there is no legal provision for this. The power lies with the President under Article 324(2). Article 324(3) only states that the Chief Election Commissioner will serve as the chairman of the Commission; it does not say that any of the serving Election Commissioners automatically becomes the Chief Election Commissioner without an official order.
Three-member committee selects the CEC
A special committee has been constituted under Section 7 of the 2023 Act to select a new Chief Election Commissioner. The three-member selection committee is headed by the Prime Minister and includes the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister. The committee considers a list prepared by a search panel and submits its recommendations to the President, after which the official appointment is made.
What options does the government have in the selection process?
The search committee prepares a panel of eligible officials, but the selection committee has the authority to consider any eligible person outside that list as well. While the tradition has been to appoint the senior-most serving Election Commissioner as the next Chief Election Commissioner, the government can legally appoint another eligible person to the post.
Who handles the Commission's work until a new CEC is appointed?
The law does not provide for the automatic appointment of an acting Chief Election Commissioner or for filling a separate post such as Deputy Chief Election Commissioner. Until a new Chief Election Commissioner is appointed, the two Election Commissioners in the Commission coordinate its day-to-day functioning. During this period, administrative decisions of the Commission are not automatically put on hold.