Modi in Rajya Sabha (File)
New Delhi: Congress leader Rahul Gandhi has strongly opposed the appointment of Gyanesh Kumar as India’s new Chief Election Commissioner (CEC), calling it an “unconstitutional move” that undermines the independence of the Election Commission of India (ECI). Gandhi accused the Modi government of bypassing a Supreme Court order by removing the Chief Justice of India (CJI) from the selection committee, a move that he says erodes trust in the electoral process.
As the Leader of the Opposition (LoP) in the Lok Sabha, Gandhi was part of the three-member selection committee, which also includes Prime Minister Narendra Modi and Union Home Minister Amit Shah. During the meeting to finalize the appointment, Gandhi submitted a formal dissent note, emphasizing that the selection process should be free from executive interference. “The most fundamental aspect of an independent Election Commission free from executive interference is the process of choosing the Election Commissioner and Chief Election Commissioner,” Gandhi wrote on X (formerly Twitter). He further criticized the midnight decision to finalize the appointment while a Supreme Court challenge on the composition of the selection committee was pending a hearing within 48 hours. “By violating the Supreme Court order and removing the Chief Justice of India from the committee, the Modi Government has exacerbated concerns of hundreds of millions of voters over the integrity of our electoral process.”
The Congress party has strongly condemned the government's decision, calling it an attempt to undermine the democratic process. Congress general secretary KC Venugopal stated that the appointment should have been postponed until the Supreme Court's ruling, arguing that the CEC must be an impartial stakeholder in elections. “The electoral process must have sanctity, and the Chief Election Commissioner must not be a government puppet,” Venugopal asserted. Despite opposition from the Congress, the government proceeded with the appointment, officially naming Gyanesh Kumar as India’s 26th Chief Election Commissioner.
The dispute revolves around the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which restructured the selection committee to include:
This replaced the earlier structure where the Chief Justice of India was part of the selection panel, ensuring judicial oversight. Critics argue that this change gives the government undue influence over the Election Commission, compromising its independence. The Supreme Court is set to hear the challenge to the selection process on February 19, 2025, the same day Gyanesh Kumar is scheduled to take office following the retirement of Rajiv Kumar.
Gyanesh Kumar, a retired IAS officer from the Kerala cadre, has previously served as:
Cooperation Secretary of India
The controversy over Kumar’s appointment could have major political and legal consequences as India heads into key state elections and the 2025 midterms. If the Supreme Court rules against the appointment process, it could lead to a constitutional crisis and force a re-evaluation of election commission appointments. Meanwhile, the BJP has dismissed the allegations, calling them “baseless” and accusing the Congress of attempting to undermine faith in democratic institutions. As the legal battle unfolds, the integrity of India’s electoral process remains in the spotlight. The Supreme Court’s verdict on February 19 will be a crucial moment in this political showdown.
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