2006 stand on EC removal returns to haunt Chawla

3 Feb 2009,

NEW DELHI: Navin Chawla, in the eye of a political and constitutional storm, had in 2006 firmly told the Supreme Court that no Election Commissioner could be removed without "a clear recommendation from Chief Election Commissioner (CEC)", a stand which stares him in the face today.

Filing an affidavit on oath in response to allegations made in a petition filed by BJP leader Jaswant Singh, Chawla had, however, para-phrased his understanding of CEC's constitutional powers with a clear statement that the Council of Ministers' aid and advice to the President held the key to the fate of an EC, even when there was clear recommendation from the CEC.

In his affidavit dated June 28, 2006, Chawla said: "The appointment of the EC is made by the President on the aid and advice of the Council of Ministers. I further submit that even for the purpose of removal of an EC, the aid and advice of the Council of Ministers would be necessary."

Having said this, he added: "However, in addition to such aid and advice, a clear recommendation from the Chief Election Commissioner (CEC) recommending the removal is also a condition precedent and must exist."

He also had appeared to be aware of possible political interventions at the whims and fancies of those in power to force the removal of an EC, which could erode the independence of the supreme election body and argued that there had to be cogent material for taking any decision on the fate of an EC.

"I submit that under Article 324 of the Constitution, cogent, irrefutable and convincing material is meant to exist for any kind of decision making. If indeed, tenuous allegations and flimsy material were to form substratum of a petition, it would be difficult to protect and preserve the integrity of the Election Commission," he said.

Interestingly, he had reposed his faith in the decision making capacity of N Gopalaswami. "When my case came up to be promoted as secretary to the Government of India, Shri N Gopalasawami, then Union home secretary, was a member of the Empanelment Committee headed by then cabinet secretary," he said to drive home his impeccable track record as a bureaucrat that saw him through in most promotions.