One day after the Chief Election Commissioner’s appointment, Rahul Gandhi, the Leader of Opposition in Lok Sabha, remarked on Tuesday that it was “disrespectful and discourteous” for Prime Minister Narendra Modi and Home Minister Amit Shah “to make a last-minute choice for the new CEC.” He also released a “dissent note” regarding the issue.

Appointment Made Amid Supreme Court Challenge

Rahul mentioned that this occurred even though “the composition of the committee (that appoints the CEC) and the procedure are under challenge in the Supreme Court and is set to be heard in less than forty-eight hours.”

He claimed that “by disregarding the Supreme Court order and ousting the Chief Justice of India from the committee, the Modi government has worsened the concerns of countless voters regarding the integrity of our electoral system.”

Gandhi Calls Out PM Modi and Amit Shah

“As the LoP, I am responsible for supporting the principles of Babasaheb Ambedkar and our nation’s founding leaders while ensuring the government is held accountable.”

“It is disrespectful and inconsiderate for the PM and HM to have made a midnight choice to appoint the new CEC, especially when the committee’s formation and the procedure are being contested in the Supreme Court and are set to be heard in under forty-eight hours,” Gandhi stated in a post on X.

During the meeting of the committee to select the next Election Commissioner, I presented a dissent note to the PM and HM, that stated: The most fundamental aspect of an independent Election Commission free from executive interference is the process of choosing the Election… pic.twitter.com/JeL9WSfq3X

— Rahul Gandhi (@RahulGandhi) February 18, 2025

Gyanesh Kumar Appointed as New CEC

On Monday evening, Gyanesh Kumar was designated as the new Chief Election Commissioner, with Haryana Chief Secretary Dr. Vivek Joshi appointed as Election Commissioner.

The appointments were made just hours after a meeting of the high-level committee led by the Prime Minister, during which Gandhi urged the government to postpone the appointment until the Supreme Court rules on the petitions contesting the new appointment process.

Rahul Gandhi’s Dissent Note

In his dissent note released on Tuesday, Gandhi stated, “The most essential element of an independent Election Commission, unimpeded by executive influence, is the method of selecting the Election Commissioner and Chief Election Commissioner.”

Gandhi referenced a Supreme Court ruling from March 2, 2023, which he claimed had “directed that the selection of the CEC and election commissioners be carried out by a committee made up of the Prime Minister, the Leader of Opposition, and the Chief Justice of India.”

Concerns Over Electoral Integrity

“The Supreme Court ruling mirrored the widespread concern among countless voters regarding the integrity of our electoral system.” Gandhi noted in his dissent that this is also evident in public surveys indicating a persistent decrease in voter trust in India’s electoral process and its institutions.

He stated it was “regrettable” that “shortly after the Supreme Court’s ruling, the Government of India issued a law in August 2023 that circumvented both the intent and the wording of the Supreme Court’s decision.”

Changes in Appointment Procedure

The governmental legislation restructured the committee responsible for appointing the CEC and Election Commissioners to consist of the Prime Minister, the Leader of Opposition, and a Union Cabinet Minister designated by the Prime Minister, eliminating the Chief Justice from the committee. Gandhi wrote, “This blatantly violates both the letter and the spirit of the Supreme Court order.”

He stated that this government order was later contested by a public interest litigant. “The Supreme Court has expressed its plan to address this issue on February 19, 2025, in under forty-eight hours,” he stated.

Call for Postponement of Appointment

“It would be both disrespectful and inconsiderate to the institutions and the founding leaders of our nation for this committee to proceed with selecting the next CEC, while the composition of this committee and its process are under challenge and will soon be reviewed by the Hon. Supreme Court,” stated Gandhi.

CEC Transition and Committee Deliberations

Gyanesh Kumar is scheduled to assume the role of CEC on Wednesday as the present CEC Rajiv Kumar is preparing to retire on Tuesday. As per sources, during the 30-minute meeting, groups of five names, each selected for the positions of Chief Election Commissioner and Election Commissioner, were presented to the committee for review.

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