New Delhi: The Congress on February 17, 2025, questioned the haste and hurry shown by the government in holding the meeting for the selection of the Chief Election Commissioner, when the matter related to the composition of the selection committee is pending in the Supreme Court of India and is listed for February 19.

The Congress Party has recently formed the EAGLE (Empowered Action Group of Leaders and Experts) group as a watchdog to oversee all matters related to the Election Commission. All three of us represent, AICC Treasurer Shri Ajay Maken, senior leader Dr. Abhishek Manu Singhvi and Gurdeep Sappal pointed out that the Chief Election Commissioner and the Other Election Commissioners (Appointment, Conditions of Office, Terms of Office), Act 2023, has been challenged in the Supreme Court of India.

Giving details, Dr. Singhvi said, the committee constituted by virtue of the Act, creates a partisan and non-neutral mechanism for the selection of Election Commissioners. He said, the current Committee, consisting of the Prime Minister, the union Home Minister and the Leader of Opposition in Lok Sabha, is in clear and direct violation of the Supreme Court’s Judgement of March 2, 2023, where a Constitution Bench of the Supreme Court in Anoop Baranwal v. Union of India declared that the CEC and the ECs should be appointed by a Committee comprising of the PM, the LOP and the Chief Justice of India.

Quoting the court observation, Dr. Singhvi said, the SC had observed that “the Executive alone being involved in the appointment, ensures that the Commission becomes and remains a partisan Body and a branch of the Executive. The independence of the Commission is intimately interlinked with the process of appointment.”

He pointed out, the court had also observed, “in order to allow independence in the functioning of the Election Commission as a Constitutional body, the office of Chief Election Commissioners as well as the Election Commissioners have to be insulated from the executive interference.”

Dr. Singhvi observed, “this (existing) Committee which has been purposefully balanced, or unbalanced if we may say so, with a two-third vote being given to the Centre directly offends these clear and precise caveats of the Supreme Court of India. It is therefore neither bona fide in its purpose or constitution”.

He said, the Supreme Court, in its judgement regarding the Election Commission, had stated that “an independent appointment mechanism would guarantee eschewing of even the prospect of bias.” The senior Congress leader maintained that the “Constitution of this Committee suggests that the objective of the Central Government is to the opposite. It wants to ensure the creation of a Committee that will only allow the appointment of such candidates that will never threaten its existence.”

“Why else would the Supreme Court’s direction to have the Chief Justice on the Committee be dropped?” he asked, while pointing out, “no answer has been given, either within Parliament or outside.”

The Congress leaders suggested that the Central Government adjourn this meeting until after the hearing in the Supreme Court and instruct its counsels to appear and assist the court so that the hearing may be an effective one.

In this regard former Congress President and Leader of Opposition in Lok Sabha Shri Rahul Gandhi, who is also the part of the selections committee has given a dissent note and says, “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 2ndMarch 2023, the Constitutional Bench of the Hon’ble Supreme Court ordered that the appointment of the CEC and election commissioners should be undertaken by a committee comprising of the Hon. Prime Minister, Hon. Leader of Opposition and Hon. Chief Justice of India.

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.

Unfortunately, soon after the Supreme Court order, the Government of India 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. This is in flagrant violation of the letter and spirit of the Supreme Court order. This government order was subsequently challenged by a public interest litigant. The Supreme Court has indicated its intention to take up this matter on 19th February 2025, less than forty-eight hours away.

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 Hon. Supreme Court.”

On February 17th evening the central Government appointed former IAS officer Gyanesh Kumar as the new Chief Election Commissioner of India. Shri Gyanesh Kumar succeeded Rajiv Kumar, who retired on February 18.