LoP Rahul Gandhi criticises govt over CEC appointment, submits dissent note

New Delhi, Feb 18 (IANS) Leader of Opposition (LoP) in the Lok Sabha, Rahul Gandhi, has strongly criticised the Centre for appointing Gyanesh Kumar as the new Chief Election Commissioner (CEC) in a late-night decision.

Kumar, a retired IAS officer from the Kerala cadre, replaces Rajiv Kumar following his retirement.

LoP Rahul Gandhi questioned the urgency of the appointment, pointing out that the composition of the selection committee is under judicial review.

“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,” Rahul Gandhi said in a post on X on Tuesday.

LoP Gandhi, who was part of the selection meeting, submitted a dissent note to Prime Minister Narendra Modi and Home Minister Amit Shah. He argued that an independent Election Commission depends on a transparent selection process, free from executive influence.

“As the LoP it is my duty to uphold the ideals of Babasaheb Ambedkar and the founding leaders of our nation and hold the government to account. It is both disrespectful and discourteous of 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 stated in the dissent note.

“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,” LoP Gandhi said.

Rahul Gandhi in the dissent note said, “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 March 2, 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 judgment 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.”

He added, “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,” Rahul Gandhi said in the dissent note.