Congress leader and Leader of Opposition in Lok Sabha Rahul Gandhi is part of the panel that selects the Chief Election Commissioner.
| Photo Credit: Shashi Shekar Kashyap
Congress leader Rahul Gandhi on Tuesday (February 18, 2025) said it is “disrespectful” and “discourteous” for the prime minister and home minister to have made a midnight decision to select the new CEC when the process of selection is being challenged in the Supreme Court.
The government late on Monday night appointed Gyanesh Kumar as the new Chief Election Commissioner (CEC), hours after the meeting of the prime minister-led selection committee in which the Leader of Opposition in Lok Sabha asked the government to defer the meeting in view of the Supreme Court hearing in the matter.
Mr. Gandhi also presented a dissent note to the panel, of which Home Minister Amit Shah is also a member.
“During the meeting of the committee to select the next Election Commissioner, I presented a dissent note to the PM and HM, that stated: The most fundamental aspect of an independent Election Commission free from executive interference is the process of choosing the Election Commissioner and Chief Election Commissioner,” Mr. Gandhi said in post on X (formerly Twitter).
“By violating the Supreme Court order and removing the Chief Justice of India from the committee, the Modi Government has exacerbated the concerns of hundreds of millions of voters over the integrity of our electoral process,” he also said in his post while sharing his dissent note.
Mr. Gandhi said as the Leader of Opposition, it is his duty to uphold the ideals of Babasaheb Ambedkar and the founding leaders of the nation and hold the government to account.
“It is both disrespectful and discourteous for the PM and HM to have made a midnight decision to select the new CEC, when the very composition of the committee and the process is being challenged in the Supreme Court and is due to be heard in less than forty-eight hours,” he also said.
Rahul Gandhi’s dissent note
“While speaking in the Constituent Assembly in June 1949 to discuss the setting up of an independent Election Commission, Dr. Babasaheb Ambedkar warned about executive interference in India’s democracy and the affairs of the Election Commission.
“The most fundamental aspect of an independent Election Commission free from executive interference is the process of choosing the Election Commissioners and the Chief Election Commissioner. In a judgement on 2nd March 2023, the Constitutional Bench of the Hon’ble Supreme Court ordered that the appointment of the CEC and election commissioners should be undertaken by a committee comprising of the Hon. Prime Minister, Hon. Leader of Opposition and Hon. Chief Justice of India.
“The Supreme Court judgement reflected the larger concern among hundreds of millions of voters over the integrity of our electoral process. This is also reflected in public surveys that show a continuing decline in trust of voters in India’s election process and its institutions.
“Unfortunately, soon after the Supreme Court order, the Government of India notified a legislation in August 2023 that bypassed the spirit and the letter of the Supreme Court’s order. The government legislation reconstituted the committee to appoint the CEC and Election Commissioners to include the Prime Minister, Leader of Opposition and a Union Cabinet Minister to be appointed by the Prime Minister and removing the Chief Justice from the committee. This is in flagrant violation of the letter and spirit of the Supreme Court order.
“This government order was subsequently challenged by a public interest litigant. The Supreme Court has indicated its intention to take up this matter on 19th February 2025, less than forty-eight hours away.
“Therefore, it is the view of the Congress party that the process of choosing the next CEC be deferred until the Supreme Court hearing and this meeting be postponed. It will be both disrespectful and discourteous to the institutions as well as to the founding leaders of our nation for this committee to continue with its process of choosing the next CEC, when the very composition of this committee and the process is being challenged and soon to be heard by the Hon. Supreme Court.”
Published – February 18, 2025 02:21 pm IST