Jaitley FanClub
Arun Jaitley is not exactly my role model of a hero. In fact I have a veryserious complaint to make. I consider him rather too immodest, arrogant simply because he chose to name Rajiv Gandhi as accused not sent for trial in the Bofors case-contrary to established conventions that one should speak no ill of a departed soul. But his knowledge in his select domain of constitutional law needs no introduction. He has a vast repository of knowledge which was in abundant display he gave an interview to Karan Thapar in CNBC. He argued quite convincingly as to why CEC Mr Gopalaswamy is right in recommending the removal of EC.Expalined the constitutional position very clear. He quoted that the Seshan Vs GOI was not about powers of removal which was added to imply that the inherent powers of officde of CEC should be diligently used lest it becomes an instrument of oppression. He convincingly argued that the recommendation of CEC is binding as binding as the impeachment provion is on the Executive. If it were to argue as Law Minister did that powers of removal are vested with CEC only on reference from the Executive the independence of the Commission is compromised and diluted.
The more interesting point is that Karan thapar sought to know as to why CEC chose to exercise a power he never wanted in the first place. I am not sure if CEC indeed wanted to have his power of removal taken away, but if he had done, it becomes all the more clear that Chawla needed to be dismissed forthwith because CEC had exercised the right of dismissal in very unavoidable circumstances and his action is devoid of any personal enmity as is sought to be made. CEC had also wanted a bar for retired ECs from holding public office post retirement to ensure transparency , integrity of the commission
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