Congress party has asserted that Chief Election Commissioner Gyanesh Kumar has “lost all administrative and moral right” to continue in his role, following accusations that he has been “brutally exposed by his own two colleagues.” The party’s claims involve concerns over decisions made without proper consultation within the Election Commission. Allegations regarding Kumar’s functionality have intensified with opposition parties signalling intentions to pursue impeachment measures against him.

Jairam Ramesh, a prominent Congress leader, took to X to criticise Kumar, labelling him a “hatchet man” for the Modi administration. He pointed to reports from the Indian Express, which stated that two Election Commissioners had raised objections multiple times regarding the Special Intensive Regulation (SIR) process decisions. The two dissenting commissioners were identified as Sukhbir Singh Sandhu and Vivek Joshi, who allegedly voiced their disapproval on at least 14 occasions in the past ten months.

Ramesh expressed that Kumar’s actions reflected a significant compromise of his integrity and impartiality, which he deemed essential qualities for someone in such a constitutional role. In April, members of the opposition had filed an impeachment motion against Kumar, which remains unresolved. He noted that with the ongoing Monsoon Session still not prorogued for over 43 days, the situation demands urgent action from opposition members.

Concerns Over Government Control of Election Commission

In his remarks, Ramesh highlighted the implications of a recent split verdict by the Supreme Court regarding the validity of the selection committee for appointing election commissioners. He cited Justice Datta’s probing questions about the central government’s influence on the committee, suggesting that such influence undermines the independence of the Chief Election Commissioner. He stated that the integrity of the commission hinges on its ability to operate free from government control.

The Congress leader also mentioned the Supreme Court’s directive from March 2023, which mandated that the appointment of the CEC and Election Commissioners should involve a selection committee including the Prime Minister, Leader of Opposition, and Chief Justice of India. However, subsequent changes made by the Modi government to replace the Chief Justice with a Union Cabinet Minister in the selection process raised further concerns about the independence of the Election Commission.

Ramesh reaffirmed claims made by Congress leader Rahul Gandhi regarding “vote chori” over fifteen months ago, suggesting that recent developments reinforce the validity of those claims. He welcomed the Supreme Court’s directives as a step towards restoring the necessary independence of the Election Commission from executive influence.

Response from the Election Commission

In light of the allegations presented in the press, the Election Commission of India issued a statement defending its integrity and operations. The commission asserted that all orders and decisions made carry full legal authority and that any queries raised during the drafting stages of procedures represent standard practice. It emphasised that it operates under the strict mandates of Article 324 of the Constitution and established institutional conventions.

The Election Commission elaborated that its functioning as a constitutional body includes regular checks and balances, intended to ensure transparency, legal compliance, and operational efficiency. It acknowledged that differing opinions among commissioners are commonplace during deliberations and do not detract from the validity or legality of its decisions.

According to the statement, the inputs provided by participating commissioners serve to enhance electoral processes further. The commission maintains that all actions are consistent with statutory laws and institutional guidelines, ensuring that voter rights remain safeguarded amidst the discourse surrounding recent allegations.

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