February 18th 2025.
The recent appointment of a new chief election commissioner and election commissioner has sparked controversy, with the Congress party leader Rahul Gandhi criticizing the decision as "politically motivated." In response, the BJP has accused Gandhi of maliciously using judicial activism to undermine an elected government's constitutional mandate.
Gandhi expressed his disapproval of the appointment process, which he believes was disrespectful and discourteous towards the constitutional order. He argued that the decision should not have been made at midnight, especially when the matter is being challenged in the Supreme Court. However, the BJP's IT department head, Amit Malviya, has dismissed Gandhi's dissent as lacking both political motivation and merit.
Malviya argues that Gandhi's interpretation of the Supreme Court's judgement on the appointment process is flawed. He points out that the court had revised the process in 2023, stating that the President should appoint the CEC and election commissioners based on the recommendation of a committee comprising the PM, Leader of Opposition, and Chief Justice of India. However, the court also clarified that this arrangement would only be in place until Parliament enacts a permanent law for the appointment process.
To support his argument, Malviya refers to the 1949 Constituent Assembly debates, which the court had analyzed to determine the original intent of the Constitution's framers. He highlights that the appointment process was left to the discretion of Parliament, and in the past, the President would appoint the CEC and election commissioners based solely on the PM's recommendation. The current process, according to Malviya, is more structured and inclusive, involving multiple stakeholders, including the Leader of the Opposition.
Malviya also sheds light on the new law that governs the appointment process, which includes a search committee and a selection committee comprising the PM, Leader of Opposition, and a Union Cabinet Minister. He argues that this process is more transparent and inclusive, unlike the Congress party's record of abusing their authority and appointing individuals for political gain. He also points out that several former CECs were later given different positions or honored with Padma awards by the then government.
Gandhi has raised concerns over the government's decision to remove the Chief Justice of India from the committee, which he claims violates the Supreme Court's order. He believes that this decision has further heightened the concerns of millions of voters about the integrity of the electoral process in the country. However, the BJP argues that the new appointment process is unbiased and involves multiple stakeholders, making it more transparent and inclusive. They also criticize the Congress party's record of using their authority to benefit their own political agenda.
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