Congress leader slams new Act for giving 'excessive protection' to EC

Shimla Congress leader Harikrishan Himral slammed the 2023 Election Commissioners Act for providing excessive protection and undermining accountability. He also criticized the new selection committee and accused the CEC of autocratic functioning.

Congress Slams 2023 Election Commissioners Act

Shimla District Congress Committee (Rural) president Harikrishan Himral on Saturday alleged that the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, provides excessive protection to members of the Election Commission and undermines accountability.

Addressing reporters here, Himral said Section 16 of the Act protects from civil and criminal proceedings for any act, thing or word committed, done or spoken by a serving or former Chief Election Commissioner (CEC) or Election Commissioner in the discharge or purported discharge of official duties. The provision states that no court shall entertain or continue such proceedings. Himral alleged that the provision had given the Election Commissioners "a free hand" and amounted to a grave injustice to the country.

Criticism of New Selection Committee

He also criticised the composition of the selection committee under the 2023 law, saying that the Chief Justice of India (CJI) was replaced by a Union Cabinet Minister nominated by the Prime Minister. The Supreme Court, in its 2023 judgment in Anoop Baranwal vs Union of India, had directed that the CEC and Election Commissioners be selected by a committee comprising the Prime Minister, the Leader of Opposition and the CJI until Parliament enacted a law on the issue. The 2023 Act subsequently provided for a selection committee comprising the Prime Minister, a Union Cabinet Minister nominated by him and the Leader of Opposition in the Lok Sabha. The Supreme Court has recorded challenges alleging that this change diluted or modified the effect of its earlier judgment.

Himral said petitions had also been filed before the Supreme Court challenging Section 16, including on the ground that it confers overly broad protection on election officials. He argued that the provision shields officials from accountability, while supporters of the law maintain that such protection is intended to safeguard the independent functioning of the Election Commission.

Congress Demands CEC's Removal, Alleges Autocratic Functioning

Targeting Chief Election Commissioner Gyanesh Kumar, Himral alleged that he was functioning in an "autocratic" manner. He claimed that, in the name of the Special Intensive Revision (SIR), the constitutional rights of more than 13 crore voters had been denied by disregarding the recommendations of two Election Commissioners.

Himral said the Congress was conducting a nationwide "Save Democracy, Save Country" campaign against what he described as serious violations by the Election Commission. He demanded the removal of the Chief Election Commissioner from office and called for a criminal case on charges of treason against him.

He also alleged that the INDIA bloc, under the leadership of Rahul Gandhi, was standing with the people against what he termed the "dictatorial functioning" of the Election Commission. "The Congress will not retreat from its fight against what it describes as the murder of democracy and theft of the people's mandate," Himral said.

He also held Union Home Minister Amit Shah responsible for what he termed the "theft of the people's mandate" and demanded that Shah resign from the Union Cabinet. The statements regarding the conduct of the CEC, the alleged disenfranchisement of voters and the calls for criminal action were made by Himral at the press conference and represent the Congress leader's allegations and political position.

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