Congress threatens CEC Gyanesh Kumar again, posts ‘we will find you’ after Rahul Gandhi’s threat of retroactive action in Parliament

During the debate on Electoral Reforms in the Lok Sabha on Tuesday, 9th December, Leader of the Opposition Rahul Gandhi launched a strong attack on the Election Commission of India (ECI) and the BJP-led government. He accused the ruling party of “capturing institutions” and said that when Congress returns to power, it will change the law that protects the Chief Election Commissioner and Election Commissioners from legal proceedings over decisions made during their tenure.

Rahul Gandhi directly threatens the current Chief Election Commissioner, Gyanesh Kumar, saying that the opposition will hold him accountable once the law is changed. “You may think the current law will save you. But don’t worry, we will change it retrospectively, and we will find you,” he said, drawing loud reactions inside the House.

‘Institutions have been captured by the BJP’

Rahul Gandhi said that the BJP, backed by the RSS, has systematically seized the biggest democratic institutions in this country. “In universities, leadership is appointed not because of merit, capability, or dedication but ideological loyalty.

He further accused the government of capturing investigative agencies like the CBI, ED, the Intelligence Bureau and the Income Tax Department. According to him, these agencies are now being used to target opposition leaders and anyone who disagrees with the government’s views. 

He also repeated his earlier allegations of “vote theft”, saying that the Election Commission has not responded to serious concerns raised by the Congress about fake voters in electoral rolls across states.

Congress demands major electoral reforms

Rahul Gandhi listed several changes he wants to see in the Indian election system. He demanded that political parties be given access to machine-readable voter lists at least a month before polling. He also pressed the Election Commission to withdraw its guidelines allowing the destruction of election video footage after 45 days of results, saying such data was needed to verify irregularities.

He insisted that parties must be allowed to properly inspect Electronic Voting Machines (EVMs), including their technical architecture, to build trust in the process. Another key demand he made is to change the law governing the selection process of the CEC and Election Commissioners, so that the system becomes more balanced and independent from the government of the day.

Immunity clause questioned

Rahul Gandhi referred to Clause 16 of the Chief Election Commissioner and Other Election Commissioners Act, 2023. The clause gives immunity to the CEC and Election Commissioners from any legal action on their official decisions. He contended that such a provision was brought in by the government in power with a view to saving biased decision-making by the Election Commission.

He added that if Congress comes to power, this immunity law will be amended with retrospective effect, meaning past decisions could also face scrutiny.

BJP members interrupt, accuse him of straying from debate

BJP MPs repeatedly interrupted Rahul Gandhi during his speech, which he made on unrelated subjects rather than the subject of electoral reforms as such. In effect, Rahul Gandhi persisted in emphasising the larger problem behind the issues -“capture of democracy” through control of institutions.

He also targeted the RSS, accusing the organisation of believing in a rigid hierarchy and wanting to dominate society and the country’s governance structure.