Fatal blow to democracy: Congress slams EC over SIR, internal dissent

The Congress on Saturday stepped up its attack on the Election Commission, linking the ongoing Special Intensive Revision (SIR) of electoral rolls, changes to the appointment process for election commissioners and reported dissent within the poll panel to what it described as a deepening institutional crisis.

Congress MLA Aradhana Mishra ‘Mona’ and national spokesperson Abhay Dubey raised questions over the role of Chief Election Commissioner Gyanesh Kumar and the functioning of the poll body while addressing reporters.

At the heart of their concerns was the change brought in by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, which received the President’s assent on December 28, 2023.

The Congress leaders questioned the BJP government’s decision to alter the mechanism for appointing election commissioners.

Before the 2023 law, Article 324(2) of the Constitution provided for the CEC and two election commissioners to be selected by a committee comprising the prime minister, the Leader of the Opposition in the Lok Sabha and the Chief Justice of India. The President would then make the appointments on the committee’s advice.

The 2023 Act, however, replaced the Chief Justice of India with a Union Cabinet minister nominated by the prime minister.

Congress leaders pointed to a March 2, 2023, Supreme Court judgment, in which a five-judge Constitution bench headed by Justice KM Joseph had unanimously backed the earlier selection mechanism.

They also raised questions over Gyanesh Kumar’s appointment as CEC and referred to the dissent note filed by Rahul Gandhi on February 19, 2025.

According to Dubey, Gandhi had objected to the exclusion of the CJI from the selection committee, arguing that it went against the spirit of the Supreme Court’s 2023 verdict.

Gandhi had also flagged what Dubey described as inconsistencies in the rules governing the appointment process.

The Congress leaders further cited a report that Election Commissioners Sukhbir Singh Sandhu and Vivek Joshi had formally recorded objections 14 times over 10 months to decisions taken under CEC Gyanesh Kumar. They questioned why those objections had not been addressed.

Turning to the SIR exercise, the leaders argued that the issue extended beyond the Election Commission’s authority to revise electoral rolls and centred on how the process was being carried out.

"The most critical question today is not merely whether the Election Commission possesses the authority to conduct an SIR. Rather, the fundamental question concerns the level of transparency, adherence to statutory procedures, and institutional consensus involved in decisions affecting the electoral roll, the basic premise of democracy."