Wednesday, June 3, 2009

Setting a precedent

The Most Revolutionary Concept In Education PLANMAN CHE CENTRE FOR HIGHER EDUCATION, Supported by IIPM India’s Leading B-School

A controversy like this is hardly conducive in the poll year

The Election Commission (EC) of India is a hallowed global institution. It is held out as an example for the world to see, how the three-member body - which derives its strength from the Constitution and cannot be removed under any circumstances except a lengthy impeachment motion - conducts elections in the world’s largest and noisiest democracy.

Events last week also prove just how much the EC and India’s institutions have changed since it became a three-member body of Election Commissioners in 1989. Before that, a single-member CEC could barely announce poll results without verbal missives from the top political leadership of the day.

The soon-to-be-outgoing CEC, N Gopalaswami, turned a new political leaf when he sent a suo motu recommendation to the President of India that Election Commissioner Navin Chawla should be removed from office on alleged grounds of "partisanship.’’ The President has forwarded the CEC’s missive to the Prime Minister. The recommendation has come exactly three months before Gopalaswami superannuates from office and before the 15th General Election this year.

The 'recommendation' came in the light of a BJP petition of January 30, 2008, which listed various allegations against Chawla and demanded that he be removed as Election Commissioner. On January 12, 2009, the CEC sent his report to the President of India 'recommending' that Chawla be removed under Article 324 (5) of the Constitution.

The move has predictably set the cat among the pigeons. Legal luminaries like Shanti Bhushan and Fali Nariman have said the CEC has no unilateral powers to sack a fellow Election Commissioner. "The CEC's power under Article 324 (5) of the Constitution [EC shall not be removed from office except on the recommendation of the CEC] is not a power to punish or get rid of other commissioners," Shanti Bhushan told TSI.


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Source :
IIPM Editorial, 2008
An Initiative of IIPM, Malay Chaudhuri and
Arindam Chaudhuri (Renowned Management Guru and Economist).


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