New Delhi: Leader of opposition in the Lok Sabha Rahul Gandhi recorded his dissent in the meeting of the selection committee to pick the next chief election commissioner (CEC), calling the composition of the committee itself lopsided, The Wire has learnt.
A meeting of the selection committee comprising Prime Minister Narendra Modi, Union home minister Amit Shah and Gandhi was held on Monday (February 17) to pick the next poll body chief. The meeting comes as CEC Rajiv Kumar is set to demit office on February 18.
The vacancy created by Kumar’s retirement is the first since the contentious Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023 was passed in parliament.
Under the new law, the CEC and other election commissioners shall be appointed by the president on the recommendation of a selection committee consisting of (a) the prime minister as its chairperson; (b) the leader of opposition in the House of the People as a member; and (c) a Union cabinet minister to be nominated by the prime minister as a member.
The legislation was passed in 2023, months after a constitution bench of the Supreme Court ruled that election commissioners should be appointed by the president based on advice from a committee comprising the prime minister, the leader of opposition in the Lok Sabha and the chief justice of India.
The Wire has learnt that in the meeting that lasted about 30 minutes, the government proposed five names for the next CEC, including present election commissioner Gyanesh Kumar.
Dissent over selection committee
Gandhi opposed the composition of the selection committee as lopsided, citing the challenge to law in the Supreme Court.
In the meeting, Modi requested Gandhi to see the note consisting of the names, but the leader of the opposition refused, once again questioning the composition of the committee itself, The Wire has learnt.
While the meeting ended in 30 minutes, Gandhi’s dissent was recorded in the minutes of the meeting.
Later on Monday night, the law ministry in a notification announced the appointment of Gyanesh Kumar as the new CEC. The notification also stated that IAS officer Vivek Joshi (Haryana cadre) had been appointed as Election Commissioner.
On Tuesday, Gandhi posted a copy of his dissent letter on X and said that the process of choosing of the next CEC should be deferred till the Supreme Court hearing.
“It will be both disrespectful and discourteous to the institutions as well as to the founding fathers 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,” his dissent note said.
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
According to the Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023, a search committee headed by the Minister of Law and Justice and comprising two other members not below the rank of secretary to the Government of India shall prepare a panel of five persons for consideration of the selection committee for appointment as CEC and election commissioners.
In addition, the selection committee also holds the authority to consider individuals beyond those suggested by the search committee.
Earlier on Monday, at a press conference, Congress MP Abhishek Manu Singhvi said that the selection committee meeting should have been postponed since the challenge to the law is slated to come up in the Supreme Court on February 19.
“The new law – The Chief Election Commissioner And Other Election Commissioners Act – introduced by the Modi government in 2023 for the selection of the Chief Election Commissioner has been challenged in the Supreme Court,” he said.
Singhvi continued: “So far, the Supreme Court has passed three orders regarding this and the next hearing is scheduled to take place around February 19. Therefore, the stand of Congress regarding the selection of the CEC is very clear – the meeting held today regarding the election of the CEC should be postponed.
“The Modi government should file a petition in the Supreme Court that the hearing related to the CEC election should be held soon. The Congress will fully support the government in this.”
This article was originally published on Monday, February 17. It has been republished on February 18 to include Rahul Gandhi’s dissent letter.