NEW DELHI: Congress leader and Leader of the Opposition in Lok Sabha Rahul Gandhi on Tuesday criticised the government’s late-night decision to appoint Gyanesh Kumar as the new Chief Election Commissioner (CEC), calling it “disrespectful” and “discourteous”. He argued that making such an appointment while the selection process is under judicial scrutiny undermines institutional integrity.
The government announced Kumar’s appointment late Monday night, hours after a meeting of the Prime Minister-led selection committee. During the meeting, Gandhi urged the government to defer the decision in light of the Supreme Court’s pending hearing on the matter. He also submitted a dissent note to the panel, which includes Home Minister Amit Shah.
The Supreme Court, taking cognisance of the controversy, has scheduled a priority hearing on February 19 regarding petitions challenging the appointments of the CEC and election commissioners under the 2023 law.
“It will be both disrespectful and discourteous to the institutions and the founding leaders of our nation for this committee to proceed with appointing the next CEC when the committee’s composition and selection process itself are being legally challenged,” Gandhi wrote in his dissent note.
He referenced a March 2, 2023, Supreme Court ruling that mandated a selection panel comprising the Prime Minister, Leader of the Opposition and Chief Justice of India (CJI). However, the government later passed legislation in August 2023 that restructured the committee, replacing the CJI with a Union Cabinet Minister appointed by the Prime Minister. This change, Gandhi argued, violated the “spirit and letter” of the Supreme Court’s order and is currently under legal challenge.
Rashtriya Janata Dal (RJD) leader Tejashwi Yadav also condemned the appointment, stating, “The trust of the people in the Election Commission is gradually diminishing. The Commission has become a cheerleader for the BJP government… It is turning into a cancer for the public.”
Backing Gandhi, J&K Chief Minister Omar Abdullah defended his right to dissent. “As Leader of the Opposition, he has every right to disagree. He is not just there to rubber-stamp government decisions. Dissent is a fundamental right and Rahul Gandhi exercised it,” Abdullah told reporters in Delhi.
The controversy over the CEC appointment is expected to intensify as the Supreme Court takes up the matter for urgent consideration.
The BJP hit back at Congress leader Rahul Gandhi over his dissent on the appointment of Gyanesh Kumar as the new CEC, accusing the Congress of historically “abusing the office” for political gains. BJP leader Amit Malviya said, “Given their record of appointing pliant candidates and doling out political appointments to incumbents as rewards, the Congress and Gandhis should be the last ones to sermonise on the CEC appointment.”
To bolster its claims, Malviya shared a list on X of former Chief Election Commissioners who allegedly received political rewards under Congress rule. The list included KVK Sundaram, appointed Law Commission Chairman, Nagendra Singh, awarded Padma Vibhushan, RK Trivedi, received Padma Bhushan, later became Governor, VS Ramdevi, appointed Governor, TN Seshan, contested 1996 elections on a Congress ticket, MS Gill, became a minister in the Congress-led UPA government, JM Lyngdoh, joined the Congress and N Gopalaswami, awarded Padma Bhushan.
Malviya argued that Gandhi’s dissent was “politically motivated” and an attempt to “undermine the constitutional mandate of the elected government through judicial activism.” He accused the Congress of misinterpreting the Supreme Court’s ruling on CEC appointments.