The Congress party has been making a huge fuss over the selection of the Chief Election Commissioner (CEC), accusing the BJP of influencing the electoral process by allegedly having the Election Commission in its favour. However, a closer look at history exposes Congress’ blatant hypocrisy, as the party has repeatedly benefited from former Election Commissioners joining its ranks or receiving prestigious government positions post-retirement.
Congress’ Own History of Rewarding CECs
The evidence of Congress’ favouritism toward former Chief Election Commissioners (CECs) is staggering. Over the years, multiple Election Commissioners have been absorbed into the Congress ecosystem, either by contesting elections under its banner, receiving prestigious awards, or securing influential government positions.
Here are some striking examples
1. M S Gill (1996-2001) : The longest-serving CEC joined the Congress soon after retirement. He was later rewarded with a Rajya Sabha seat and went on to serve as the Minister of Youth Affairs and Sports (2009-2011) and Minister of Statistics and Programme Implementation (2011).
2. T N Seshan (1990-1996): Often praised for electoral reforms, Seshan contested the 1996 Lok Sabha elections on a Congress ticket against BJP stalwart L K Advani.
3. J M Lyngdoh (2001-2004): He was associated with various NGOs and groups that opposed the BJP, making his political leanings quite evident.
When Rahul Gandhi became AICC general secretary, he hired the Foundation for Advanced Management of Elections (FAME), run by former chief election commissioner J.M. Lyngdoh, to establish inner-party democracy in the Youth Congress and the National Students Union of India.
By the time the 2014 parliamentary elections were announced, several other former chief election commissioners—T.S. Krishnamurthy, N. Gopalaswami and S.Y. Quraishi—had associated themselves with FAME and were willing to examine the background of the Congress’ Lok Sabha probables.
4. V S Ramadevi (1990): She was appointed as a Governor post-retirement, a clear sign of Congress’ patronage.
5. R K Trivedi (1982-1985): After serving as CEC, he was awarded the Padma Bhushan and later appointed as a Governor, aligning with Congress’ political interests.
6. Nagendra Singh (1972-1973) and K V K Sundaram (1958-1967): Both were conferred the prestigious Padma Vibhushan, showing how Congress systematically rewarded Election Commissioners.
7. N Gopalaswami (2006-2009): Another example of post-retirement favors as he was awarded the Padma Bhushan.
Apart from the above, the following Chief Election Commissioners were directly appointed by the then Prime Ministers in office. No panels were thought off in their appointments.
1. Sukumar Sen (21 March 1950 – 19 December 1958)
2. Kalyan Sundaram (20 December 1958 – 30 September 1967)
3. S. P. Sen Verma (1 October 1967 – 30 September 1972)
4. T. Swaminathan (7 February 1973 – 17 June 1977
5. S. L. Shakdhar (18 June 1977 – 17 June 1982)
6. R. V. S. Peri Sastri (1 January 1986 – 25 November 1990)
Congress’ Selective Outrage
Despite this long history of leveraging the Election Commission for its political gains, Congress now cries foul when it comes to the current selection process under the BJP government. Its leaders have continuously alleged that the BJP influences the Election Commission to win elections. However, their own track record reveals an undeniable pattern of favouritism, where former Election Commissioners were absorbed into the party or rewarded with high-ranking positions.
If Congress was truly concerned about the neutrality of the Election Commission, it should first acknowledge its own past conduct. The party’s selective outrage reeks of opportunism rather than genuine concern for democracy.
The BJP’s Response
Unlike Congress, there is no clear evidence of allegedly BJP-affiliated Election Commissioners receiving post-retirement rewards similar to those enjoyed by Congress-backed CECs. The current government has largely followed constitutional procedures, yet the Congress continues to create a narrative of electoral manipulation without substantial proof.
In fact, Former Deputy Prime Minister and BJP President Sh. L.K.Advani had written a letter ( Letter by Leader of Opposition, L K Advani to Prime Minister of India, Manmohan Singh )to the then PM Manmohan Singh suggesting a formula for the Selection of Chief Election Commissioners involving leaders from both the Sides.
L. K. Advani’s suggestion was shrugged off and in the blatant response to him Mr. V. S. Sampath was appointed the CEC as S Y Quraishi’s Successor.
Rahul Gandhi’s dissent on the appointment of the Chief Election Commissioner (CEC) is not just politically motivated but also lacks merit. It is an attempt to undermine the constitutional mandate of the elected government through malicious judicial activism. Additionally, it conveniently misreads and misinterprets the Supreme Court’s judgment on the CEC’s appointment.
On March 2, 2023, a five-judge Constitution Bench, led by Justice K.M. Joseph, revised the process for appointing members of the Election Commission of India (ECI). Drawing from the 1990 Goswami Committee Report and the 255th Law Commission Report, the Bench ruled that the President should appoint the Chief Election Commissioner and Election Commissioners based on the recommendation of a committee comprising the Prime Minister, the Leader of the Opposition in the Lok Sabha, and the Chief Justice of India. However, the Court clarified that this arrangement would remain in place only until Parliament enacted a law establishing a permanent mechanism.
To determine the original intent of the Constitution’s framers, the Court analyzed the 1949 Constituent Assembly Debates and noted that the phrase “subject to the provisions of any law to be made by Parliament” in Article 324(2) explicitly left the appointment process to Parliament’s discretion.
Before this ruling, the President appointed the Chief Election Commissioner and Election Commissioners solely on the Prime Minister’s recommendation.
Thus, the current appointment process is more structured, transparent, and inclusive, involving multiple stakeholders, including the Leader of the Opposition.
The appointment process is now governed by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023. According to this Act:
✅ A search committee, led by the Law Minister (currently Arjun Ram Meghwal) and two senior bureaucrats, shortlists five candidates.
✅ This list is then sent to a selection committee comprising the Prime Minister, the Leader of the Opposition, and a Union Cabinet Minister (in this case, the Home Minister).
✅ The President appoints the new CEC based on their recommendation.
The Congress, and the Gandhis in particular, should be the last to sermonize on the appointment of the CEC, given their record of abusing the office, appointing pliant candidates, and later doling out political appointments to incumbents as a reward for their services after stepping down. Here are just a few examples of their misuse
The Congress party’s accusations against the BJP regarding the appointment of Election Commissioners are a classic case of “pot calling the kettle black.” Its past actions show a systematic pattern of rewarding loyal CECs who benefited its political agenda. Before pointing fingers at the BJP, Congress must first confront its own history of post-retirement favouritism and electoral manipulation. True democratic integrity demands consistency, not selective outrage.
Author: Rishi Kalia is a seasoned entrepreneur, Digital media Strategist and political analyst with 23 years of diverse experience in business and public discourse. Tweets at Rishi Kalia
