PM-led panel finalises name of next CEC, Congress says 'should've deferred meet'
Congress suggested that the government adjourns the meeting to select the CEC until hearing by the Supreme Court.
With Chief Election Commissioner (CEC) Rajiv Kumar set to retire on Tuesday, February 18, the selection committee for appointing his successor met on Monday and reportedly finalised a name.
Government sources cited in a news agency PTI report said on Monday evening that the notification announcing the name of the next CEC could be issued "in the next few hours".
The committee comprises Prime Minister Narendra Modi, a Union Cabinet minister nominated by the PM and Leader of the Opposition in the Lok Sabha, Rahul Gandhi.
However, Congress suggested that the government adjourns the meeting to select the CEC until hearing by the Supreme Court.
Congress leader Ajay Maken, at a press conference on Monday, said, "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 19 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..."
Cong says Centre wants to control of EC
While Rahul Gandhi was seen attending the meeting, Congress alleged on Monday that by removing chief justice of India (CJI) from the panel to select CEC, the central government made it clear it wants control not credibility of the poll body.
Congress leader Abhishek Singhvi, who was also at the press conference, said the Chief Election Commissioner and the Other Election Commissioners (Appointment, Conditions of Office, Terms of Office), Act 2023, creates "a partisan mechanism" for the selection of Election Commissioners.
"At the outset, we cannot ignore that this Committee is in clear and direct violation of the Supreme Court's Judgement of March 2nd, 2023 where a Constitution Bench of the Supreme Court in Anoop Baranwal v. Union of India declared that the CEC and the EC's should be appointed by a Committee comprising of the PM, the LOP and the CJI," news agency ANI quoted Singhvi.
Abhishek Singhvi said the top court, highlighting the need for the independence of the Committee that appoints Election Commissioners, had said "the executive alone being involved in the appointment, ensures that the Commission becomes and remains a partisan Body and a branch of the executive. The independence of the Commission is intimately interlinked with the process of appointment".
"The Election Commissioners, including the Chief Election Commissioner blessed with nearly infinite powers and who are to abide by the fundamental rights, must be chosen not by the Executive exclusively and particularly without any objective yardstick," Singhvi said, quoting the court order
"Para 119. In order to allow independence in the functioning of the Election Commission as a Constitutional body, the office of Chief Election Commissioners as well as the Election Commissioners have to be insulated from the executive interference," he said.
Singhvi said the committee constituted by the government, "which has been purposefully balanced, or unbalanced if we may say so," with a two-third vote being given to the Centre, "directly offends these clear and precise caveats of the Supreme Court of India" and is "therefore neither bona fide in its purpose or constitution".
He said the case challenging the Act is currently pending before the Supreme Court which has issued notice.
"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. Only then, can a decision be taken in earnest," he said.
Gyanesh Kumar to be next CEC?
Following Rajiv Kumar's exit, Gyanesh Kumar will become the senior-most election commissioner, with his tenure extending until January 26, 2029. Sources cited in news reports said Gyanesh Kumar could be the next Chief Election Commissioner of India.
To streamline the selection process, the central government recently established a search committee under the leadership of Union Law Minister Arjun Ram Meghwal.
This committee is tasked with selecting potential candidates for the role of the next Chief Election Commissioner, ensuring the appointment of the most qualified and capable individual for the key post.
The Chief Election Commissioner (CEC) and Election Commissioner (EC) are appointed by the President of India, based on recommendations from a selection committee. This committee is chaired by the Prime Minister and includes the Leader of the Opposition in the Lok Sabha, along with a member of the Union Council of Ministers nominated by the Prime Minister.
The CEC’s term can last up to six years from the date of appointment, though they must retire upon turning sixty-five, regardless of whether their term has concluded.