Leader of Opposition in Lok Sabha Rahul Gandhi on Tuesday said that it was disrespectful and discourteous for Prime Minister Narendra Modi and Union home minister Amit Shah “to have made a midnight decision to select the new CEC”.
New Delhi:Leader of Opposition in Lok Sabha Rahul Gandhi on Tuesday said that it was disrespectful and discourteous for Prime Minister Narendra Modi and Union home minister Amit Shah “to have made a midnight decision to select the new CEC”. He also made public a dissent note he had submitted on the matter.
A day after the appointment of the CEC, Rahul said this was done despite “the very composition of the committee (that selects the CEC) and the process is being challenged in the Supreme Court and is due to be heard in less than forty-eight hours”.
He said, “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”.
Meanwhile, the Supreme Court on Wednesday is set to prioritise the hearing of the legality of the recent appointments of the Chief Election Commissioner and an Election Commissioner under the 2023 law, which excludes the Chief Justice of India as a member of the selection panel.
A bench of Justices Surya Kant and N. Kotiswar Singh was informed by advocate Prashant Bhushan, appearing for an NGO, that despite the Constitution bench verdict of 2023 directing selection and appointment of the CEC and ECs through a panel including the CJI, the government excluded the CJI and made a “mockery of democracy”.
Bhushan said, “The matter is listed on February 19 but it is listed as item number 41. The government has appointed the CEC and EC as per 2023 law disregarding the view taken by a constitution bench. Kindly take up on top of the board as the matter requires urgent consideration”.
LoP in Lok Sabha Rahul Gandhi in his dissent note presented before the panel cited the speech of B.R. Ambedkar while speaking in the Constituent Assembly in June 1949 to discuss the setting up of an independent Election Commission, where he had warned about executive interference in India’s democracy and the affairs of the Election Commission.
Union minister Dharmendra Pradhan, however, attacked Rahul over his criticism about appointment of new CEC and alleged they are acting like “cry babies” even when no rule or law has been broken.
In a post on X, Pradhan said, “Congress crushed the Constitution at their convenience to serve their political interests. Congress never left an opportunity to ridicule and insult Baba Saheb Ambedkar, yet the Yuvraj of Congress has the audacity to take a stand on upholding Baba Saheb’s ideals and that of our founding leaders”.
“This latest jig by @RahulGandhi is another attempt to create controversy and peddle propaganda on the appointment of CEC. Has Rahul Gandhi forgotten how ECs were appointed during Congress rule? Despite being in power for decades, why did the Congress government do nothing to reform the selection mechanism?” the Union minister asked.
The education minister further stated, “As a matter of fact, this is the first time that CEC has been appointed by a law passed in the Parliament. It is our govt. That has created a joint system for the appointment of CEC and EC, which includes the LoP”.
In the apex court, advocate Varun Thakur, appearing for petitioner Jaya Thakur, said three appointments were made by the government under the new law, which was under challenge.
On February 12, the top court had fixed February 19 to hear pleas against the appointment of the CEC and EC under the 2023 law saying if anything happens in the interregnum, the consequences were bound to follow. It said the issue would be decided on merit and finally.
The Centre appointed EC Gyanesh Kumar as the next CEC on Monday. Kumar is the first CEC to be appointed under the new law and his term would run till January 26, 2029, days before the EC is expected to announce the schedule of the next Lok Sabha election. Vivek Joshi, a 1989-batch Haryana-cadre IAS officer, was appointed as an election commissioner. Born on May 21, 1966, Joshi (58) would serve in the poll panel till 2031. According to the law, a CEC or an EC retires at 65 or can have tenure in the poll panel for six years.
