The Congress party has raised objections to the selection of a new Chief Election Commissioner (CEC) while the law governing appointments to the position is being challenged in the Supreme Court. Rahul Gandhi, the Leader of the Opposition, attended a meeting with Prime Minister Narendra Modi and Union Home Minister Amit Shah this evening to discuss selecting a successor for Rajiv Kumar, who retires tomorrow.
However, after the meeting, Gandhi submitted a dissent note, arguing that the meeting should not have taken place as the matter is still pending before the Supreme Court, which is set to hear it on February 22.
According to NDTV, sources indicated that the government was keen to proceed with the selection process to avoid leaving a vacancy in the Election Commission. The top court had not issued a stay on the appointment, and legal opinions were sought, allowing the selection committee, led by the Prime Minister, to move forward. The President is expected to sign the appointment orders for the new CEC and other Commission members tomorrow.
The Congress, however, insisted that the meeting should have been postponed, given that the Supreme Court would be hearing the matter soon. The party’s legal team also supported this view, with sources stating that the meeting needed to be delayed so the court could make an early decision. The Congress has accused the government of seeking to gain control over the Election Commission and undermining its credibility.
“When the Supreme Court has indicated that it would be hearing the matter on the 22nd, we wanted the meeting to be postponed. The legal team of the Congress has also endorsed the decision,” the Congress said.
According to NDTV, Sources in Congress said, ‘We can’t operate in ego and the meeting has to be postponed so that the Supreme Court takes an early decision”.
Traditionally, the President of India appoints the CEC based on the Prime Minister’s advice, and the seniormost of the two remaining election commissioners is appointed as CEC. By this rule, Gyanesh Kumar is expected to be named as the new CEC.
However, this time, the appointment is set to be made under a new law—the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. Under this law, a committee headed by the law minister is tasked with shortlisting five candidates, and the final selection is made by a panel consisting of the Prime Minister, Leader of the Opposition, and a Cabinet minister.
This new law, however, has been challenged in the Supreme Court. The challenge argues that replacing the Chief Justice of India with a Cabinet minister in the selection committee undermines its neutrality.
The law was passed in December 2023 after the Supreme Court, in response to multiple petitions, ruled that a selection committee composed of the Prime Minister, the Leader of the Opposition, and the Chief Justice of India should select the CEC and Election Commissioners until Parliament enacted a new law.