New Delhi (India): The Congress Party on Monday called for the postponement of the meeting to select the next Chief Election Commissioner (CEC), citing the pending petitions before the Supreme Court. This call came after party leader Rahul Gandhi attended the committee meeting.
During a press conference, Congress leaders raised concerns over the structure of the committee responsible for selecting the CEC, claiming it is a “partisan and non-neutral mechanism.” Abhishek Manu Singhvi, a Congress leader, stated that the government is more focused on “control” rather than maintaining the credibility of the Election Commission (EC), which he emphasized is vital for its functioning.
Singhvi said:
“Removing or trying to keep the Chief Justice out of the appointment process as an independent entity, the government has made it clear, they want only control but not credibility. The most important thing for the Election Commission is credibility.”
Ajay Maken, another Congress leader, also called for the meeting to be delayed:
“Today, a meeting related to the election of the Chief Election Commissioner (CEC) was held. The Congress party believes that since the Supreme Court had said that the matter would be heard on February 19th and a decision would be given on what the constitution of the committee should be like. In such a situation, today’s meeting should have been postponed.”
The current CEC, Rajiv Kumar, is set to retire on February 18, prompting the search for his successor. The selection committee includes Prime Minister Narendra Modi, Law Minister Arjun Ram Meghwal, and Rahul Gandhi, who serves as the Leader of the Opposition (LoP) in the Lok Sabha. Following Rajiv Kumar’s retirement, Gyanesh Kumar will be the senior-most Election Commissioner, serving until January 26, 2029.
Earlier, the central government had established a search committee ahead of the meeting to select the new CEC. The CEC and EC are appointed by the President of India, based on recommendations from the selection committee.
Singhvi criticized the Chief Election Commissioner and the Other Election Commissioners (Appointment, Conditions of Office, Terms of Office) Act 2023, calling it a “partisan mechanism” for appointing Election Commissioners. He referred to the Supreme Court’s ruling from March 2023, which emphasized that the CEC and ECs should be appointed by a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India (CJI).
Singhvi added:
“At the outset, we cannot ignore that this Committee is in clear and direct violation of the Supreme Court’s Judgment of March 2nd, 2023. The Court, highlighting the need for the independence of the Committee that appoints Election Commissioners, said that the executive alone being involved in the appointment ensures that the Commission becomes a partisan body.”
He further stated that the government’s committee, which gives two-thirds of the voting power to the Centre, directly conflicts with the Supreme Court’s order for independence in the Election Commission’s functioning.
Singhvi said the case regarding the Act is pending before the Supreme Court, which has issued a notice. He added:
“The matter is listed for February 19, 2025, i.e., in less than 48 hours. It is our suggestion that the Central Government adjourn this meeting until after the hearing and instruct its counsels to appear and assist the court so that the hearing may be an effective one.”
The Congress Party has asked the government to defer the meeting until the Supreme Court provides clarity on the constitution of the selection committee, with the case scheduled for hearing on February 19, 2025.