Fixing institutions one by one: Election Commission

PART XV: ELECTIONS
324. (5) Subject to the provisions of any law made by Parliament, the conditions of service and tenure of office of the Election Commissioners and the Regional Commissioners shall be such as the President may by rule determine:

- Provided that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court and the conditions of service of the Chief Election Commissioner shall not be varied to his disadvantage after his appointment:

- Provided further that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.

- Constitution of India.

There is a reason it is almost impossible for the Government or political parties to actually remove an Election Commissioner. There is a good reason this part of the constitution was designed in this way.

If the chief election commissioner wants one of his deputies to go, no one has the authority to stop him. The president is bound to honor his judgment. The persident is not supposed to generally overrule this decision, just like the president is not supposed to return any law. 

Recall the hue and cry after President Kalam returned a bill. Intellectual A. G. Noorani theorized it was a conspiracy by President Kalam to appropriate powers of the Government. 

No matter how much they howl, it would be extraordinary for President Patil to return this recommendation, just like it is extra ordinary for the president to return a bill without signing. This is how the scheme works, you simply can not conjure up arbitrary rules. If Congress wants Chawla, they must litigate in the supreme court and request a removal of the chief election commissioner. 

Reactions:

Quite obviously this has got the secular media's goat. Some reactions and our comments:

There is a split within the Election Commission after Chief Election Commissioner N Gopalaswami asked for his colleague, Naveen Chawla to be removed in a report to President Pratibha Patil. (CNN-IBN)

- There is no split. A boss wants to fire a subordinate. Wordplay.

Congress General Secretary, Digvijay Singh said, "It is not in the interest of anyone or any political party to cast aspersions on members of the Election Commission."

- so it is in the interest of anyone to cast aspersions on the Chief Election Commissioner?

Home Minister P Chidambaram said, "I thought all Election Commissioners hold Constitutional posts for which the Constitution prescribes the term. Neither you or I can disturb that."

- but the Chief Election Commissioner can! Yes he can! Yes he can!

According to the law, the Chief Election Commissioner's recommendation , for removing his colleague, is not binding on the government. Sources have told NDTV that the government will not act on Gopalaswami's letter and the Congress is openly supporting Chawla. [NDTV]

- nope, only according to the NDTV

"Why should he resign? The allegations are baseless," said senior Congress leader Digvijay Singh.

- How does this bugger know? The document is classified and eyes only.

Former Attorney General Soli J Sorabjee and eminent senior advocates Fali S Nariman and K K Venugopal had no doubt whatsoever that the timing of the recommendation was "regrettable" that could blot the "spotless" reputation Gopalaswami enjoyed as a bureaucrat, as an EC and then as the CEC. 

- can't attack the substance? attack the motive.

It is quite clear that The CEC wanted to remove Chawla since he is retiring in April and he does not want his legacy to be transferred to a person he does not consider worthy of the office. There is no reason to suspect the timing. 

If the Congress Government overrules this desicion, it will be a massive betrayal of trust, not to mention a violation of the Constitution.

Flashback

A former chief election commissioner is being offered a cabinet post. [link]