The Hindu : Front Page : Gopalaswami’s stand opposed

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Saturday, Aug 11, 2007
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Gopalaswami’s stand opposed

Special Correspondent

N. Gopalaswami

New Delhi: Chief Election Commissioner N. Gopalaswami’s recent assertion in an affidavit filed in the Supreme Court that he had the power, as per Article 324(5) of the Constitution, to remove an Election Commissioner has found favour neither with the government nor within the Commission.

Prime Minister Manmohan Singh, who has studied the matter, is known to be strongly opposed to Mr. Gopalaswami’s stand, as it will erode the independence and equality of the Election Commissioners.

Union Law Minister H.R. Bhardwaj made it clear to journalists that he disagreed with Mr. Gopalaswami’s view. “The Chief Election Commissioner has no power to decide the issue. It is solely the prerogative of the President.”

The political context is the BJP’s campaign to have Election Commissioner Navin Chawla removed from the Commission. Earlier this week, BJP leader Jaswant Singh withdrew the petition that he had filed in the Supreme Court against Mr. Chawla. While allowing the withdrawal of the petition, the court made it clear that it was not expressing any opinion on the CEC’s power vis-À-vis his fellow Election Commissioners.

A senior and responsible officer of the Commission points out that the view expressed by Mr. Gopalaswami were his “personal views” and not that of the Commission.

It is further pointed out that the stand taken by Mr. Gopalaswami is at odds with the consistent position the Election Commission has taken before the government and the Law Commission of India on the question of removal of Election Commissioners.

The 1993 amendment to the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Act, 1991 brought parity between the CEC and the ECs in matters of salary, perks, warrant of precedence, and voting rights. The purpose of the 1991 law and the 1993 amendment was to bring about equality between the CEC and ECs in all matters. In the 1991 Act, the CEC was deemed to have the same protection and privileges as that of a judge of the Supreme Court and the ECs were to be on a par with a High Court judge. The 1993 amendment made them equal and stipulated that the Commission’s decisions would be by consensus or, if necessary, by a majority vote.

What has surprised Election Commission officials about Mr. Gopalaswami’s stand is that as late as June 2007 the Election Commission wrote to the government to correct the ambiguity in the matter of the removal of the ECs.

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