New Delhi: As Chief Election Commissioner (CEC) Rajiv Kumar is set to retire on Tuesday (February 18), the selection committee convened on Monday to choose his successor.
The meeting included Prime Minister Narendra Modi, Leader of the Opposition in the Lok Sabha Rahul Gandhi and a Union Minister. Rahul Gandhi attended the meeting. However, he said the meeting should not have been held since the matter is pending in the Supreme Court.” Congress sources reportedly said that there is nothing like having an ego in this. It is a matter of democracy and the republic, they pointed out.
Earlier, the Congress had proposed that the government postpone the meeting. It had raised objections to the selection of a Chief Election Commissioner while the law governing the appointment to the post is being contested in the Supreme Court.
Congress leader Ajay Maken reportedly said that a meeting related to the election of the Chief Election Commissioner (CEC) was held on Monday. He added: “Congress believes that since the Supreme Court had said that the matter would be heard on February 22 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…” The legal team of the Congress had also backed the decision, the Congress said.
‘Centre wants control of EC’: Congress
Even though Rahul Gandhi attended the meeting, Congress alleged on Monday that by excluding the Chief Justice of India (CJI) from the panel responsible for choosing the CEC, the central government indicated its intention to exert control over the Election Commission rather than protecting its credibility.
In the wake of Rajiv Kumar’s retirement, Gyanesh Kumar is likely to become the senior-most election commissioner. His tenure is set to continue until January 26, 2029. To simplify the selection process, the central government recently formed a search committee led by Union Law Minister Arjun Ram Meghwal.
The committee is responsible for identifying potential candidates for the post of the next Chief Election Commissioner. Its goal is to ensure that the most qualified and capable person is appointed to this key role.
The President of India appoints the Chief Election Commissioner (CEC) and Election Commissioner (EC). They are appointed on the basis of the recommendations of a selection committee. This panel is chaired by the Prime Minister and includes the Leader of the Opposition in the Lok Sabha, as well as a Cabinet Minister nominated by the Prime Minister. The tenure of the CEC can extend up to six years from the date of appointment. However, they must retire upon turning 65, irrespective of whether their term has ended.
What has been contested
The new CEC this time is set to be appointed under a new law – Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023. Under this law, the committee chaired by the law minister is supposed to shortlist five candidates. The final selection is then made by a team consisting of the Prime Minister, the Leader of the Opposition, and a Cabinet Minister. This law, however, has been challenged in the apex court. It has been argued that replacing the Chief Justice with a Cabinet Minister undermines the panel’s neutrality.
