Stop misreading Constitution, BJP to Law Minister

Reacting sharply to Law Minister Hansraj Bhardwaj's rap on Chief Election Commissioner N Gopalaswamy for recommending removal of Election Commissioner Navin Chawla without authority, the main opposition Bhartiya Janata Party on Monday asked him to stop misreading the Constitution.

Strange that the Law Ministry acted as the legal adviser to Chawla who sought its opinion on the explanation sought by CEC N Gopalaswami and now its minister claims that the CEC has no powers to recommend an election commissioner's removal unless asked for by the President, BJP spokesman Ravi Shankar Prasad asserted.

The Congress was, however, quick to rubbish the BJP charge of the nexus between Bhardwaj and Chawla. Its spokesman, Manish Tewari, accused the BJP of politicising the constitutional post that Chawla holds.

Prasad shot back that the Congress seemed determined to destroy the institutional independence of the election commission, whose constitutional integrity and political impartiality are most important for a democracy. He ridiculed the Congress claiming that Chawla can be removed only through impeachment, pointing out that the Constitution
is quite clear in this regard.

Pointing out that the Constitution has explicit provisions for removal of the constitutional authorities, be it the judges of Supreme Court and High Courts, Comptroller and Accounts General or the CEC only through impeachment, Prasad said it is, however, otherwise in case of the Election Commissioners who cannot be removed "except on
the recommendation

of the CEC."

He said 12 specific instances cited by the CEC in support of his conclusion of Chawla being biased have now come in public domain and hence the Congress will have to answer what it says about this kind of conduct of the truant Election Commissioner.

Prasad said the immediate charge levelled against the CEC on the timing and as to why he was sitting over his ruling on the BJP MPs' petition against Chawla has evaporated after the truth came out that he (Chawla) had himself delayed the process by not replying to the explanation sought by the CEC for 11 months. Only after Chawla responded on December 10 that the CEC prepared his recommendations, Prasad said.

The government first refuses to refer the NDA petition to the CEC and then asserts not to act on his recommendation clearly shows its bias in favour of Chawla, Prasad said.

He pointed out that 223 NDA MPs had petitioned the then President APJ Abdul Kalam in 2006 for removal of Chawla while the Prime Minister's Office refused to forward the petition to the CEC, compelling BJP leader Jaswant Singh to move the Supreme Court.

A fresh complaint was filed with the CEC in January last year, after the Supreme Court
ruled on August 7, 2007 that an independent representation can be filed directly with the CEC.

The BJP spokesman also chided the Left Parties criticising the CEC. Are they official opposition of UPA or unofficial supporters of the Congress, Prasad asked, adding that these were the same Left parties that had supported the supercession of the judges.