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Monday, February 2, 2009

CEC-EC face off: Govt tilts in Navin Chawla's favour

Government on Monday ticked off Chief Election Commissioner N Gopalaswami for seeking removal of his colleague Navin Chawla, saying he is not the "political boss" and hinted at Chawla becoming the next CEC in April.
"Gopalaswami should do his work in EC and not become a political boss," Law Minister H R Bharadwaj told agencies on the sidelines of a conference here.
The CEC controversy continued to generate political heat with the Government and Congress party attacking the CEC for recommending to the President removal of Chawla. Gopalaswami had sought Chawla's removal accusing him of being partisan.
"The CEC has no Constitutional authority to embarrass or comment upon his own colleague because they are all equals. He is only the administrative head of the Election Commission and he is not the boss," the minister later told reporters.
Bharadwaj said the policy of having the senior-most in the Election Commission as the successor will continue, indicating the likelihood of Chawla getting to the key slot when Gopalswami's tenure comes to an end on April 20.
Describing the present controversy as "unfortunate", Bharadwaj said it should not effect Chawla's career as appointments in the Election Commission are based on merit.
"We will begin the process to put in place a new CEC well in time" so that the name of Gopalaswami's successor is clear before he retires, he said.
Congress spokespersons Abhishek Singhvi and Manish Tiwari said the CEC has no unilateral power to recommend removal of an Election Commissioner. The CEC does not enjoy a "status superior to that of the Election Commissioner", Tiwari said.
The rift in the Election Commission also set off a war of words between the Congress, which saw motives in the timing of Gopalswami's move, and the BJP supporting him.
Hitting out at Bharadwaj, BJP party spokesman Ravi Shankar Prasad said "nothing better could be expected from the Law Minister" since his ministry was already "advising" Chawla for the last so many months.
When cogent reasons for bias has been given, instead of addressing the issue, Government is attributing motive on the part of the CEC which is "grossly unfair", Prasad said.
Rebutting BJP's contention, Bharadwaj said the CEC's authority flows from the President and if the President asks for his opinion, only then he can given.
"If he (President) does not ask, how can he (CEC) do so?" he asked.
"It is unfortunate that a person of such high rank and at the end of his office has made such a recommendation and, thus, troubled the good name of the Election Commission," he said.
Noting that the country was moving towards the general election, he said the main work of the EC was to prepare voters' list. "It is unfortunate that the controversy has been started at such a time," he said.
The Law Minister said the President is the appointing and the removing authority for Election Commissioner members under the Constitution. "The role of CEC is as a measure of protection, if the government wants to remove and Election Commissioner, then CEC's opinion is sought," he said.
He said the file relating to the CEC's recommendation reached his office two days back and Law Secretary T K Viswanathan is studying it.
Describing the CEC's move against Chawla as bolt from the blue, Bharadwaj said Gopalaswami had no suo motu power to recommend the removal of an election commissioner.
He cannot initiate a move on his own it is only when the government wants to remove any election commissioner then the Law Ministry can approach the CEC, he said.
Bharadwaj termed as unfortunate BJP trying to use the Election Commission for its ends. "Why should involve itself in EC politics. They went to court (to target an EC), they did not succeed. Then you start using the very Election Commission for your ends, that's very unfortunate," Bharadwaj told reporters after a conference here.
The Law Ministry is the agency through which all transactions of the Election Commission are carried out. If there is any letter by the CEC, it is supposed to be routed through the ministry, Bharadwaj said holding Gopalaswami's action as improper.
"Without the impeachment in Parliament, the CEC cannot be removed...but if the government wants to remove any election commissioner then the ministry can approach the CEC," he said.
"It is a security of tenure enjoyed by election commissioners that they are protected against the arbitrary acts of the government and it is a protection to them and not an authority to the CEC that he can get rid of his colleagues by this method," Bharadwaj said.
There have been instances of differences among Election Commissioners. There are bound to be differences and what they do within themselves, I am not bothered, Bharadwaj said.
"But this (CEC move against Chawla) is a bolt from the blue. This is no courtesy," he said.
Bharadwaj said Gopalaswami has no primacy over his colleagues.
"He is the first among equals and they are all equals like the Chief Justice of India. Do you think he (CJI) is the boss of other judges. When they sit in the court they are three and CJI can be over-ruled by a majority of two.
"Similarly, in this EC also if his colleagues overrule him then the CEC will be in a minority, he has no overwhelming Veto," he said.
Asked about the next course of action in the matter, Bharadwaj said Navin Chawla is the senior most member of the EC...I will not hesitate in performing my duty to process the appointment of the next CEC on the precedents as are prevalent today, that is, the senior most EC gets it unless he is otherwise deprived of it.
We have to complete the three-member strength of the EC and one more proposal will be sent to add the third one, Bharadwaj said elaborating on the future configuration of the Election Commission after the CEC retires on April 20.

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