 Early Times Report
JAMMU, Dec 13: Bharatiya Janata Party (BJP) J&K UT Spokesperson and Convener, International Affairs, Gaurav Gupta today strongly rebutted the Congress party's misleading campaign on the appointment of the Chief Election Commissioner and Election Commissioners, stating that senior Congress leaders, including Rahul Gandhi, are deliberately distorting constitutional facts to undermine public faith in India's democratic institutions.
Gaurav Gupta clarified that since the establishment of the Election Commission of India in 1950 under Article 324 of the Constitution, appointments of the CEC and ECs were made by the President on the aid and advice of the Council of Ministers led by the Prime Minister for over 73 years. At no point during this long constitutional period did any permanent committee comprising the Prime Minister, Leader of Opposition and the Chief Justice of India exist, including during decades of Congress rule.
Referring to the Anoop Baranwal vs Union of India judgment (March 2023), Gaurav Gupta stated that the Supreme Court had itself made it unequivocally clear that the appointment mechanism involving the Prime Minister, Leader of Opposition and the Chief Justice of India was a temporary, interim arrangement, and would remain operative "until Parliament makes a law." He said Congress leaders, led by Rahul Gandhi, are deliberately suppressing this crucial aspect of the judgment to mislead the public.
He added that Parliament subsequently exercised its constitutional authority by enacting the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, thereby lawfully replacing the interim arrangement with a statutory framework fully aligned with constitutional principles and the separation of powers.
Gaurav Gupta said that the repeated allegations of "institutional capture" made by the Congress and echoed by Rahul Gandhi reflect political frustration and an attempt to cast aspersions on independent constitutional bodies. Attacking the Election Commission whenever it does not suit political narratives is irresponsible and weakens democratic discourse.
He emphasized that the 2023 Act enhances transparency, accountability and parliamentary supremacy, while fully safeguarding the independence and autonomy of the Election Commission of India. India's long-standing tradition of free, fair and peaceful elections stands as testimony to the strength of its democratic institutions.
Reaffirming commitment to constitutional values, BJP J&K UT Spokesperson and Convener, International Affairs, Gaurav Gupta said the party will continue to expose politically motivated distortions propagated by the Congress leadership, including Rahul Gandhi, with facts and legal clarity, and will not allow India's democratic institutions to be undermined for narrow political interests. |
