Of morals and values
It goes to the credit of T.N.Seshan that we became aware of the powers that our constitution has bestowed on Election Commission. Itwas Seshan who brought about a discipline in political parties campaign and singularly responsible for parties fearing reprisal from the commission if they were to violate electoral laws. At some point of time, he became too big for his shoes and a nuisance for all politicians late Narasimha Rao made the Election Commission a multi member body. Seshan fought this in the Supreme Court with all his powers but ultimately, the apex court validated the decision of the Executive to have a multi member election commission curbing some of the powers that CEC enjoyed because he has to take in to confidence two other Commissioners who were his equals . CEC was given the ceremonial role of a HOD.
Lyndogh was equally controversial and was perceived to be anti BJP and hence pro Congress. The incumbent CEC Mr. Gopalswamy was considered to be an honest, upright officer nevertheless a tough man to handle the post of CEC. He has had a long public service record almost impeccable to attribute any motives to any of his actions as CEC. All of a sudden all hell has broken loose when he sent his missive to the President to dismiss his colleague Mr.Navin Chawla mired in controversies whom NDA had petitioned to the President for removal for his alleged partisan role. Every constituional expert has called this action un constitutional and condemned his suo moto cognisance of the offences allegedly commited by EC Mr.Chawla. FaliNariman, Solisorabjee Ashok Desai every one has called the action as uncalled for. some news papers called this constitutional over reach and said that CEC has no powers to recommend dismissal on his own unless asked by the Excecutive for an opinion.
What has been quoted is the opinion given by former Attorney General Ashok Desai in the light of judgement given by Supreme Court of India in TN Seshan vs Union of india case. The Court had held that the constitution has provided immunity to CEC by way of ensuring that he can be only removed through an impeachment proceedings and not otherwise and the other ECs can be removed only on the recommendationof CEC. This the court had held is to ensure that the electioncommission is free from official disruption from the Executive- read the political bosses of the day. The Court had also observed that this power should be exercised with due diligence and caution so that it does not become an instrument of oppression. No where it states that CEC has to await directive from President or the Executive to recommend dismissal. In the present case, 200 MPS had petitioned the then President to dismiss Mr. Chawla and a copy of this petition was also forwarded to CEC. CEC sent a notice to his colleague to offer his views and explanations to the charges. The EC chose to question the locus standi and powers of CEC to question him like that. That one act of insubordinationalone will disqualify Mr.Chawla from holding constitutional position. CEC has not taken any suo moto congnisance but has only acted on material facts available before him in the form of copy of petition to President. The President may or may not accept the recommendation but CEC is well within his power to recommend the dismissal. His action is all the more justified when Law Minister declares that Navin Chawla will succeed him as CEC proving the nexus - the very charge that NDA MPS made inthe first place. Chawla needs to be sacked now and immediately to uphold the integrity of the election Commission
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