LoP in Lok Sabha and Congress MP Rahul Gandhi
Credit: PTI File Photo
New Delhi: Leader of Opposition in Lok Sabha Rahul Gandhi on Tuesday made public his dissent note on choosing the new Chief Election Commissioner, saying it was “both disrespectful and discourteous” for the Prime Minister and the Home Minister to have made a “midnight decision” when the Supreme Court is hearing a challenge to the mechanism of appointment “in two days”.
He said it was his duty to uphold the ideals of B R Ambedkar, who “warned about executive interference in India’s democracy and the affairs of the Election Commission”, and the founding leaders of the country and hold the government to account.
“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 said on ‘X’ posting the dissent note.
“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 said.
The Selection Committee headed by Prime Minister Narendra Modi and Home Minister Amit Shah as members besides Rahul went ahead ignoring objections and recommended Gyanesh Kumar as CEC and senior IAS officer Vivek Joshi as Election Commissioner. President Droupadi Murmu signed the appointment orders late Monday.
In his two-page dissent note, Rahul, who did not take part in the discussions, said the Congress’ view is that the process of choosing the next CEC be deferred until the Supreme Court hearing (on February 19) and the meeting (on February 17) be postponed.
He said it would be “both disrespectful and discourteous” to the institutions as well as to the founding fathers of the country for the Prime Minister-led three member committee to continue with its process of choosing the next CEC when it is challenged in the apex court and is soon to be heard.
Rahul said the “most fundamental aspect” of an independent Election Commission free from the executive interference, is the process of choosing Election Commissioners and the CEC.
Referring to the 2 March, 2023 SC judgement outlining a committee of the Prime Minister, Chief Justice of India and Leader of Opposition to recommend names for the poll body, he said the order reflected the larger concern among millions of voters over the integrity of the election 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, he said adding that the government, “unfortunately” notified a legislation omitting CJI and including a union minister to be chosen by the Prime Minister.
Rahul said in the dissent note, “This is in flagrant violation of the letter and spirit of the Supreme Court order” and noted that the law was subsequently challenged in the apex court through a Public Interest Litigation. He told the committee that the matter would come up for hearing in “less than 48 hours” and the panel should wait for its outcome.