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IMPROPRIETY
There are certain conventions that we follow from time immemorial. These conventions may not have the sanction of law but are followed as a matter of routine just to respect those who created/ordained them in the first place. While selecting the COAS, Chief Justice of Supreme Court etc the usual convention followed is the senior most officer however short his career can be, is appointed to the top post. The first departure from such convention rather bullzoing of established conventions started in the dark days of emergency when Justice HR Khanna was overlooked to the post of CJI for his dissenting judgement in Keshvananda Bharathi case. There after it became a matter of routine for the party at the helm of affair at the Centre to choose its own henchmen for crucial posts including constitutional functionaries. But UPAGovernment created a history of sorts when it inspired the incumbent President to reject the recommendation of CEC in calling for dismissal of his colleague Mr. Navin Chawla. the allegations of partisan behaviour against Mr.Chawla was the subject matter of debate when more than 100 MPS of NDA petitioned the then President Dr.Kalam who forwarded it to the Government for its opinion. The Government chose to keep quite since Navin Chawla happened to have a track record of being an obedient servant of the Congress Party. BJP then approached Supreme Court and again sent a copy of the petition to the present CEC Mr Gopalaswamy. CEC then issued a show cause notice to EC. TheEC instead of answering the charges chose to question the constitutional authority of CEC to issue a SCN to him. He chose to ask the opinion of the Law Ministry. The Constitution has vested the power of removal of CEC through an impeachment motion while the other Commissioners shall not be removed except with the explicit recommendation of CEC. This has been done to ensure independence of the Commisssion as a constitutional body devoid of political pressure. Legal experts were divided on the powers of suo motu reference of charges by CEC citing a Judgment delivered by Supreme Court in TN Seshan Vs Union of India which was not basically on the powers of CEC. The judgment while upholding the constitutional validity of multi member commission observed that the power to recommend removal of EC by CEC should be based on cogent observations and reasoning and should not become an instrument of oppression. I believe the observations do not mean to curtail the powers of CEC but has advised due diligence and restraint in exercising the power. But legal experts sought to differ stating CEC has to await Executive Reference on any petition against EC which has not been explicitly stated but defeats the independence of the Election Commission nevertheless.
Without getting in to the merits or demerits of such arguments, it was only proper for the EC to have voluntarily stepped down and challenged the recommendation before the Supreme Court for an final Verdict Kapil Sibal ridiculed the idea drawing parallel between a convict sentenced to death appealing for remission after the sentence is executed. But the Government could have atleast shown some respect to propriety. A Commissioner charged with partisan behavior is made the successor despite is predeccesor having recommended his removal on charges of political partisanship. It is a sad day for Democracy
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