The Supreme Court on Thursday questioned the central government regarding the process for appointing the Chief Election Commissioner (CEC) and Election Commissioners (EC). The court said, ‘If the government itself has to make the decision, then what is the need to create a pretence of independence by including the Leader of Opposition (LoP) in the selection committee?’ A bench of Justices Dipankar Datta and Satish Chandra Sharma said that the selection committee for the CBI director includes the Chief Justice of India (CJI), but there is no independent member in the committee for the appointment of Election Commissioners. At present, the selection committee for appointing the Chief Election Commissioner (CEC) and other election commissioners comprises the Prime Minister, the Leader of the Opposition and a Union Cabinet Minister. Appointments are finalised through a majority vote. Rahul Gandhi is currently the Leader of the Opposition in the Lok Sabha. Two days earlier, on 12 May, Rahul Gandhi had voiced his dissent over the appointment of the CBI director. Following a meeting of the selection committee at the Prime Minister’s residence, he alleged that the government had reduced the process to a “mere formality”. “A pre-determined candidate is selected. The Leader of the Opposition is not a rubber stamp,” Gandhi said. Opposition leaders become ostentatious The bench asked Attorney General R. Venkataramani, “If the Prime Minister proposes one name and the Leader of the Opposition proposes another and the two disagree, would the third member support the Opposition’s choice?” The attorney general conceded that such an outcome was unlikely. Responding to this, Justice Deepankar Datta and Justice Satish Chandra Sharma observed that the process appeared to remain entirely under executive control. “If that is the case, why include the Leader of the Opposition at all? They just become ornamental,” the bench remarked. Challenge to law related to appointment of Election Commissioners in SC The matter pertains to petitions challenging the law governing the appointment of the Chief Election Commissioner (CEC) and the two Election Commissioners, which came up for hearing before the Supreme Court on Thursday. The petitioners have argued that the revised selection process grants greater control to the Centre, potentially undermining the independence of the Election Commission. The challenge follows the Supreme Court’s 2023 ruling in the Anoop Baranwal vs Union of India case, in which the court held that, until Parliament enacted a law on the issue, appointments to the Election Commission should be made by a committee comprising the Prime Minister, the Leader of the Opposition and the Chief Justice of India (CJI). Leader of the opposition is not a rubber stamp: Rahul Gandhi Rahul Gandhi expressed his disagreement with the selection of the new CBI Director at a meeting held at the Prime Minister’s residence on May 12. He alleged that the list of 69 candidates presented for selection had not provided their details. Rahul said, “The selection process for the CBI Director has been reduced to a mere formality. He cannot shirk his constitutional duty by engaging in this partisan activity. However, I express my strong disagreement.” CJI Surya Kant also attended the meeting, held at the Prime Minister’s residence, 7 Lok Kalyan Marg. The meeting lasted about an hour. After leaving the meeting, Rahul Gandhi shared a letter on social media, explaining the reasons for his disagreement.
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