In a recent upheaval in Indian politics, Rahul Gandhi, the Leader of the Opposition in the Lok Sabha, publicly disclosed his dissent note against the selection of the Chief Election Commissioner (CEC), highlighting the controversial timing of the appointment given an impending Supreme Court review.
The crux of Gandhi’s dissent revolves around the new law passed in 2023, which redefined the composition and selection process of the CEC and Election Commissioners (ECs). This law is currently under scrutiny, with a Supreme Court hearing scheduled for February 19, 2025. Despite this, the Prime Minister Narendra Modi-led committee proceeded to appoint Gyanesh Kumar, a retired bureaucrat, as the CEC.
Gandhi criticized the decision as “disrespectful and discourteous,” arguing that the appointment should have been deferred until after the Supreme Court had a chance to weigh in. He pointed out that the selection occurred less than forty-eight hours before the court was set to discuss the matter, marking a significant breach of judicial respect and process integrity.
The dissent note, prepared with the assistance of the Congress’s legal team, was released following Gandhi’s participation in the selection panel meeting at the Prime Minister’s office, where he, Union Home Minister Amit Shah, and other committee members convened.
Highlighting historical concerns about executive interference in the electoral process, Gandhi invoked Bhimrao Ambedkar’s 1949 speech and the March 2023 Supreme Court directive that included the Chief Justice of India (CJI) in the selection panel to ensure transparency. The 2023 legislation, however, excluded the CJI, a move Gandhi deems a “flagrant violation of the letter and spirit of the Supreme Court order.”
Gandhi’s revelation of his dissent note and subsequent criticisms echo a broader sentiment of distrust among the electorate, as indicated by recent surveys showing a decline in public confidence in the election process and its governing institutions.
