Chief Election Commissioner

CEC's recommendation is unconstitutional
By: A R K Pillai
Date: 2009-02-03
Mid-Day Feb 3-09
Mumbai:
Playing games: Chief Election Commissioner N Gopalaswami The Chief Election Commissioner's (CEC) recommendation to the President to remove the Election Commissioner Navin Chawla has evoked mixed responses from the public. Prominent luminaries have taken different stands and they have well-crafted arguments to support them. The CEC has no powers to recommend action against a sitting EC, say experts. The action is neither constitutional nor fair. Some concede that the CEC may have the power to recommend removal of an EC, but the power cannot be used mechanically. Equally eloquent is the argument placed by others who attribute political bias of the EC and they go on with the vehement assertion that the CEC's recommendation to the President is 'binding' on government. Some argue that that EC's past actions are not conducive for a fair conduct of elections and the democratic process. Readers are caught in a quagmire. But people are certain that such divisions damage constitutional institutions, more so, hot on the heels of ensuing general elections.