NEW DELHI: Leader of the Opposition in Lok Sabha and a member of the committee Rahul Gandhi on Tuesday 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.
During the panel meeting, Gandhi pushed for the postponement of the decision on the new CEC till the Supreme Court hearing on a petition challenging the constitution of the selection panel.
The apex court is set to hear the case on Wednesday.
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," Gandhi said in post on X.
"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.
He further said that in a judgment on 2 March 2023, the Constitutional Bench of the Supreme Court ordered that the appointment of the CEC and election commissioners should be undertaken by a committee comprising the Prime Minister, Leader of the Opposition, and Chief Justice of India.
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.
“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 the trust of voters in India's election process and its institutions,” he said.
Unfortunately, soon after the Supreme Court order, the Government of India notified legislation in August 2023 that bypassed the spirit and the letter of the Supreme Court's order, he pointed out.
The removal of the CJI is in flagrant violation of the letter and spirit of the Supreme Court order, he said.
“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,” he stated.
Kumar is the first CEC to be appointed under the provisions of the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.
The government order was subsequently challenged by a public interest litigant. The Supreme Court has indicated its intention to take up this matter on 19 February 2025, less than forty-eight hours away, he said.
"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 wrote in the note.
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, the Congress leader stated.
