The Congress party has criticised the government for violating a Supreme Court directive in forming the panel to select the Chief Election Commissioner.
The party argues that the inclusion of the Home Minister instead of the Chief Justice of India in the selection panel goes against the court’s earlier ruling.
The selection panel, comprising Prime Minister Narendra Modi, Home Minister Amit Shah, and Leader of the Opposition Rahul Gandhi, met on Monday to decide on the new Chief Election Commissioner.
The Congress maintains that this composition is not in line with the Supreme Court’s 2023 order, which stated that the selection committee should include the Prime Minister, the Leader of the Opposition, and the Chief Justice of India.
The Supreme Court had laid down this provision in March 2023 as an interim measure until the government introduced a new law regarding the appointment of the Chief Election Commissioner.
The government later enacted the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, replacing the Chief Justice with the Home Minister in the selection process. This law has been challenged in court, with a hearing scheduled for 19 February.
Congress leaders believe the government should have waited for the Supreme Court's decision before proceeding with the selection process. Senior party leader Abhishek Manu Singhvi stated that the Congress has a clear stance on the issue and urged the government to postpone the meeting.
He also suggested that the government should approach the Supreme Court for an expedited hearing on the matter, adding that the Congress would fully support such a move.
Singhvi further criticised the government, stating that its approach undermines the credibility of the Election Commission. He said that excluding the Chief Justice from the process indicates that the government prioritises control over credibility.
He urged the government to set aside its ego and reconsider the matter.
Senior Congress leader Ajay Maken echoed these concerns, asserting that the meeting should have been postponed.
Despite the objections, Congress leader Rahul Gandhi attended the selection meeting chaired by Prime Minister Modi. Reports suggest that the committee has finalised a candidate for the position and has forwarded the recommendation to President Droupadi Murmu.
Sources indicate that an official announcement regarding the new Chief Election Commissioner may be made within hours. Meanwhile, the current Chief Election Commissioner, Rajiv Kumar, is set to retire on Tuesday upon reaching the age of 65.