Rahul Gandhi Slams PM, HM's 'Midnight Decision' on CEC Selection

Rahul Gandhi Calls Appointment of New Chief Election Commissioner "Disrespectful"

New Delhi: On Tuesday, Congress leader and Leader of Opposition, Rahul Gandhi, criticized the appointment of Gyanesh Kumar as the new Chief Election Commissioner (CEC) by the Prime Minister Narendra Modi-led panel, calling the decision "disrespectful" and "discourteous." His remarks followed the Centre's late-night announcement on Monday, confirming Kumar’s appointment to succeed Rajiv Kumar, who retired on Tuesday.

Gandhi had voiced his dissent during a meeting with Prime Minister Modi and Union Home Minister Amit Shah on Monday, where the selection of the new CEC was discussed. He expressed concerns about the process, particularly urging the government to hold off on the appointment until the Supreme Court concluded its hearings on petitions challenging the composition of the selection panel.

In a social media post, Gandhi shared the dissent note he submitted during the meeting, accusing the central government of deepening the concerns of millions of voters about the integrity of India's electoral system. He criticized the government's decision to bypass the Supreme Court's guidance and exclude the Chief Justice of India from the committee, which was a critical part of a ruling in March 2023.

"By violating the Supreme Court order and removing the Chief Justice of India from the committee, the Modi Government has exacerbated concerns about the integrity of our electoral process," Gandhi wrote. "It is both disrespectful and discourteous to make a midnight decision to select the new CEC when the composition of the committee and the process itself are being challenged in the Supreme Court."

Gandhi also referred to Dr. B.R. Ambedkar’s warning against executive interference in the functioning of India's Election Commission. He pointed out that Ambedkar had emphasized the importance of an independent Election Commission when it was set up in 1949.

The Congress leader further reminded that the Supreme Court’s March 2023 ruling had recommended that the CEC and Election Commissioners be appointed by a committee including the Prime Minister, Leader of Opposition, and the Chief Justice of India. Gandhi noted that public trust in India’s electoral process was already declining, as reflected in surveys, and the government's actions only deepened these concerns.

In August 2023, the government passed legislation altering the composition of the committee, removing the Chief Justice of India and replacing them with a Union Cabinet Minister appointed by the Prime Minister. Gandhi called this legislation "unfortunate," describing it as a violation of both the spirit and letter of the Supreme Court’s ruling.

The constitutionality of this legislation is currently being challenged in the Supreme Court, which is set to hear the case on February 19, 2025—less than 48 hours away, according to Gandhi.

In his dissent note, Gandhi called for the appointment process to be postponed until the court hearing, arguing that proceeding with the selection of the new CEC under the current circumstances would disrespect the institutions and the nation’s founding leaders.