In a move that has raised eyebrows in political and legal circles, retired Indian Revenue Service officer Devinder Singh Kalyan has been appointed as the new State Election Commissioner (SEC) of Haryana, marking a rare instance where a non-IAS officer has been selected for one of the state’s top constitutional posts. While his appointment, formalized through a government notification issued on June 26, 2025, is legally sound under the existing Haryana State Election Commission Conditions of Service Rules, 1994, it has reignited concerns about the lack of a transparent and merit-based selection process.
D.S. Kalyan, a 1990-batch IRS (Income Tax) officer who retired on May 31 this year, held the post of Principal Secretary, Excise and Taxation, in the Government of Haryana—typically a position reserved for senior IAS officers in the Higher Administrative Grade. According to legal expert and constitutional commentator Hemant Kumar, Kalyan’s appointment conforms to the eligibility norms, as these allow any official who has held a post equivalent to Principal Secretary or above to be considered for the SEC position. Hemant also pointed out that the Election Commission of India (ECI) has previously seen two former IRS officers—T.S. Krishnamurthy and Sushil Chandra—rise to the post of Chief Election Commissioner, establishing precedent at the national level.
Despite the legal eligibility, concerns have emerged over the perceived political proximity of the appointee. Kalyan is the brother of Harvinder Kalyan, the current Speaker of the Haryana Legislative Assembly and a three-time BJP MLA from Gharaunda. With the BJP leading the state government, questions are being raised about the optics and potential implications for electoral impartiality. Hemant Kumar, while asserting that familial ties with politicians are not inherently disqualifying, emphasized the critical need for a fair and transparent selection process—especially for a role that directly oversees local democratic processes including panchayat and municipal elections.
Currently, appointments to the SEC post in Haryana are made solely at the discretion of the state government, with no formal advertisement or application process. This lack of openness, Hemant argues, stands in contrast to best practices in other states and at the national level. Notably, Punjab enacted a dedicated law governing the State Election Commission back in 1994, while Haryana has relied solely on executive rules that have been amended over the years by successive governments, often to suit administrative or political convenience.
Citing the landmark 2023 Supreme Court judgment in the Anoop Baranwal vs Union of India case, Hemant drew attention to the constitutional mandate for a neutral and independent mechanism for appointing Election Commissioners at the central level. The Apex Court had ordered that the President must appoint the Chief Election Commissioner and Election Commissioners based on recommendations by a committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. Although a 2023 law later replaced the Chief Justice with a Union Minister, the matter remains under judicial review, reflecting the seriousness of the issue.
Hemant argued that similar statutory mechanisms should be urgently implemented in states like Haryana to safeguard the credibility and autonomy of the office of the State Election Commissioner. Given the SEC’s pivotal role under Articles 243K and 243ZA of the Constitution—especially in ensuring free and fair elections to local bodies—its selection must reflect a transparent, bipartisan process that prioritizes merit and public confidence over political proximity or administrative discretion.
The appointment of D.S. Kalyan, despite being procedurally valid, underscores the pressing need for structural reforms in the appointment process for constitutional posts at the state level. As the debate over institutional independence intensifies, the Haryana government’s approach may set the tone for similar appointments across India, making this case a litmus test for electoral transparency in federal governance.
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