CEC recommendation open to SC’s review

Though one might find it hard to challenge the chief election commissioner’s prerogative to recommend removal of a colleague commissioner, the delayed recommendation by CEC N Gopalaswami is open to judicial scrutiny.

The CEC is scheduled to retire in April, around the time when the election commission will be deeply engaged in ensuring free and fair polls to elect the 15th Lok Sabha and several assemblies.

Although the supreme court has upheld the supremacy of the constitutional authorities, it has also maintained its own supremacy over looking into any decision alleged to be mala fide or politically motivated.

Constitutional experts have criticised CEC Gopalaswami’s decision to suo motu recommend removal of commissioner Navin Chawla from the election commission, saying the move has created a “crisis” and its timing is suspect. They smell “some motivation” behind this delayed move. 

The CEC’s decision defies Supreme Court’s 1995 verdict (TN Seshan’s case) asserting “if the power of election commission was to be exercisable by the CEC as per his whims and caprice, the CEC himself would become an instrument of aggression and would destroy the independence of the election commission".

Two years ago, the BJP had withdrawn its petition challenging Chawla’s appointment in view of CEC Gopalaswami’s affidavit that the head of the poll body alone is empowered to take a decision in this regard. But thereafter the CEC kept silent all along, only to wake up at the time of his superannuation.