New Delhi: Leader of Opposition in the Lok Sabha Rahul Gandhi on Tuesday made his dissent note public over the appointment of Gyanesh Kumar as new Chief Election Commissioner (CEC) saying it is “disrespectful” and “discourteous” for Prime minister Narendra Modi and Home Minister Amit Shah to have made a midnight decision to select the new CEC when the process of selection is being challenged in the Supreme Court.
In his dissent note Rahul Gandhi said a hearing was scheduled in the court on Wednesday for the pleas against the law passed in 2023 for the selection of CEC and the election commissioners (ECs).
The Gandhi scion, who is also the Lok Sabha MP from Uttar Pradesh’s Rae Bareli said, “The Supreme Court has indicated its intention to take up this matter on 19th February 2025, less than forty-eight hours away.”
He said the process of choosing the next CEC be deferred until the Supreme Court hearing.
His remarks came a day after Kumar, a Kerala cadre officer from the 1988 batch who retired as the Union cooperation ministry secretary before being appointed as an election commissioner last year, was appointed as the CEC late on Monday night by the government.
The appointment came hours after he joined the selection committee led by the Prime Minister proposed his name. Shahtoo was present in the meeting that took place on Monday evening.
Taking a swipe at the government, Rahul Gandhi in his two page dissent note highlighted that 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 Supreme Court ordered that the appointment of the CEC and election commissioners should be undertaken by a committee comprising of the Hon. Prime Minister, Leader of Opposition and Chief Justice of India,” he emphasised.
The Congress leader said that 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,” the former Congress chief said.
Slamming the government, he said that unfortunately, soon after the Supreme Court order, the central government 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,” he said, adding, “This is in flagrant violation of the letter and spirit of the Supreme Court order.”
He highlighted that how this government order was subsequently challenged by a public interest litigant.
“The Supreme Court has indicated its intention to take up this matter on February 19 2025, less than forty-eight hours away,” he said.
“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 Supreme Court,” he added.
While sharing his dissent note on X, Rahul Gandhi also said that the Modi government exacerbated the concerns of hundreds of millions of voters over the integrity of the electoral process by violating the Supreme Court order and removing the CJI from the committee.
He further said that it was his duty to uphold the ideals of Ambedkar and the founding leaders of the nation and hold the government to account as the LoP.
Rahul Gandhi said it was “disrespectful and discourteous” for the Prime Minister and Union home minister to have made a midnight decision to select the new CEC.
Monday’s meeting was the first of the selection panel after Rahul Gandhi became the LoP in 2024.
Last year in December, Mallikarjun Kharge, the LoP in Rajya Sabha and Rahul Gandhi had given dissent notes at the meeting to select the National Human Rights Commission chairman.