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Neither of these two letters mentions the names, or refers in any way, to fellow ECs Chawla or S Y Quraishi.
The Congress and the UPA have accused Gopalaswami of simply taking positions “congruent” with and matching those of the main opposition party, the BJP, on the demand for Chawla’s ouster. But his letters to the President, asking for the prohibition on a future job with the government or a political career post-retirement for the CEC or EC, could change the nature of the debate so far between the ruling Congress party and the BJP on the divide in the poll panel.
In two letters sent to the President, the CEC has written about the need of a “neutral umpire” in the current context of an “increasingly fragmented polity”, when, “more than ever before, there now is a felt-need to emphasise the neutrality of the Commission and Commissioners.”
The CEC makes the case that with the heyday of a single-party government being over, in “an increasingly fragmented polity where multi-party coalitions, in Government as well as in opposition, are becoming the order of the day, the role of the Election Commission as a neutral umpire providing a level playing field is assuming ever greater importance. More than ever before, there now is a felt-need to emphasize the neutrality of the Commission and the Commissioners.”
Gopalaswami has written of the “inappropriateness” of former ECs and CECs accepting offices under the Government and “worse still joining political parties”. In his opinion, this hits at the “very root of the principle of neutrality”.
It is necessary, he feels, to “mandate against any post-retirement employment for the ECs.”
He has proposed to the President, to “issue” an advice to the government to amend the Election Commission Act, 1991, to prohibit the appointment of a CEC or EC to any office the appointment to which is required by law to be made by the President or the Government. This would, importantly, preclude gubernatorial assignments and diplomatic assignments.
Gopalaswami has also requested the amendment of rules so no CEC or EC can join any political party for 10 years after demitting office as CEC or EC.
In one of the two letters, The Indian Express has learnt that Gopalaswami also cited the Central Vigilance Commission Act, 2003, which prohibits CVCs and Vigilance Commissioners from accepting any such appointment, post-retirement.
He writes: “In order that no fingers are raised against any CEC or EC doubting their neutrality and impartiality, to consider amendment of the Conditions of Service Act to provide that no CEC or EC shall be eligible for further appointment to any office or post under the government (including the office of Governor or Lt. Governor), after his retirement and further also to provide that a CEC and EC shall be prohibited from joining any political party at least for ten years after demitting office.”
In recent times, at least two high-profile CECs, M S Gill and T N Seshan have had a go at political careers and contested elections on party symbols after retirement - a practice that raised eyebrows at the time.
Using the appointment procedure of the CVCs again as an example in his second communication to the President, Gopalaswami has advocated the formation of a special committee consisting of the PM, Lok Sabha Speaker, Deputy Chairman of the Rajya Sabha, Leaders of the Opposition in the two Houses, and Law Minister to recommend the appointment of the CEC and ECs, so as to provide for the broadest “bipartisan consensus”.
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It does not matter whether political or government jobs are to be given or not to ECS, post retirement. It is the professional integrity and moral sense of duty which is required in the persons holding such posts like EC. Take the case of Somnath Chatterjee. He has served CPM for more than 4 decades yet as a speaker of Lok Sabha he stands neutral and does not back up his party stands. The day he relinquishes the seat of Lok Sabha Speaker, he will again support his party in every matter. This is called professional integrity and sense of duty. As far as Chawala is concerned, his professional intergrity is in question and hence even Congress should distance themselves from him and should not offer any responsible political government posts after his retirement as he will show his selfish colour there also, malign the party and harm the country’s interest..
What remains to be seen is whether the president (who is a congress bootlicker and a criminal) will render her services to leigitimize Navin Chawla -- given the way the other congress sycophants have behaved so far, Prathibha Patil will do her job in return for being foisted as President by the Congress party. Shame on this partisan President -- She makes me ashamed to be an Indian. How one wishes for a upright person of Shri Abdul Kalam's stature. Maybe it is time to abolish the position of President if criminals like Prathibha Patil are going to foisted in that position by other criminals in politics.
Inept Congress spoils all democratic system and makes corruption all places and support all corrupt people like Lallu,Maya,Mulyam and Karuna.This age old party lost all charms and now they spoil EC also.God only helps India to recover this.
Media should support the ban on political or Govt Office job, post retirement to all ECs.
Yes, Shri Gopalaswamy is right when he says that there should be no Govt controlled appointment for the EC/ CEC because if this is permitted, they, while on the verge of retirement can do whatever job the ruling party assigns to them in return for the post-retirement goodies.
Congratulations Mr Gopalswami,We must congratulate CEC Mr. Gopalswami for his stand on the conduct of one of the member of the EC. That his allegations are likely to have definite substances is clearly evident from the panic reactions triggered into the ruling party and some its present and past (?) allies. The statement made by the Hon'ble Union Law Minister deserves condemnation because of its poor taste and myopic view of the situation. One can only hope that there are some sensible leaders amongst the ruling party who will think over the issue raised by the CEC and support him to make the functioning of EC neutral and apolitical.
It has become a practice for political parties and newspapers to jump to their own conclusions and divert attention from the main issue. It is a fact that Mrs. Chawla has leanings towards the Congress and that alone would have certainly benefitted Mr Chawla and in case he becomes the next CEC that party would stand to gain only. Since there is a cloud over Mr Chawla why the Government must be adamant in appointing him as CEC? Why can't they instead look for another person with a clean image? This way the Government can come out clean in the matter. It is also high time that in future none of the ECs is offered Ministerial berths or any other public office as that would ensure indepenent and impartial functioning of the ECs/CEC and take decisions on merit. It is unbecoming of the ruling party to put motives in any acts by Civil servants if decisions taken in national interest are unpalatable to its leadership.
It is evident that only a person/party with a clean imageb would support support the CEC's decision to oust Mr. N Chawla . What has been gathered thru' the Press/Media about the cloudy past/history about Mr. Chawla it only goes to prove that the congress
A very good idea.but will politician accept it.
Being a straight-forward person, Mr. Gopalaswamy brought public some secret deals in between Congress and Mr. Chawla, which needs to be thoroughly verified by the law, instead the Congress Party (most corrupted political party in India) turned against Mr. Gopalaswamy, is the clear-cut proof of Mr. Chawla's partisan towards Congress. This is India, no value/respect for principles, those who value principles are called Fools of the Nation. Congress is the party with Criminals and Crooks, hence it was routed-out from power and we made it today a lean party, it's a parasite party, it cannot stand alone, it needs other help, Once upon a time, the same Congress was the only party rule the entire country, that same party became an Old and under Coma party, it has no future and its leaders as well. What else - Bharat Desh Mahaan.
the EC is a constitutional post as given in the constitution. The y are equal to the judges of the supreme court and their independence is of paramount importance to a growing democracy like India. Let not the political parties make their working as to their whims and wishes which will degrade the institution forever. All Ecs should not be given post retirement goodies in form of govt posts and perks.
We have for the first time in the recent past a senior bureacrat has come out in the open about his sub ordinate officer reg his affiliation to any one party and hence should be removed. Instead of taking this the govt has said that it will elevate the officer to CEC which speaks about the conduct of the govt. This only shows how the govt simply encourages corrupt officers.
Well said,Mr.Gopalaswamy.The great self appointed custodian of public values T .N.Seshan shocked everybody by contesting on congress ticket after his term at the election commission.Right now Mr.Gill also is associatedwith a political party.What an erosion of public values?congress is on the verge of owning the election commission.Only judiciary remains to be taken over.Long live India.
THEY PLAYED THE GAME FOR THREE YEARS IN WHICH BOTH WIN ! NOW BOTH ARE DOING SECOND MISTAKE TO RECTIFY THE FIRST.THEIR LOVE IS MISUNDERSTANDING BETWEEN TWO FOOLS.BEFORE MARRIAGE ASSISTANT ADVOCATE GENERAL ANURATHA WAS THREATENING HARYANA DEPTY CHIEF MINISTER CHANDERMOHAN AND NOW IT IS VICE VERSA.NOW BOTH HAVE RESIGNED FROM THEIR RESPECTIVE POSTS.CHANDIGARH IS BEAUTIFUL CITY THAN ANY OTHER CITY IN ASIA AND BOTH ARE MAKING THE CITY MORE BEAUTIFUL.CHAND AND FIZA FOR PUBLIC IS LIKE A CHICKET MATCH BETWEEN AUSTRALIA AND INDIA.
Typical Babu (Un) Law minister Baradwaj keeps arguing the CEC has no right to recomend the partisian attitude of Navin Chawla.Instead he must read the letter properly and if Gopalsamy is right he aswell President are bound to accept Gopalsamy's recomendation.If CEC finds anything wrong should he keep quiet ? He is not a Minister to behave so citing Bull shit procedures and beating the Bush which the Ugly Netas and Ugly Babus are used to. In election people must kick out these rotten and confusing team. The CEC post is considered to be nuetral and Law minister should not dilute it. President also should be impartial and see the merits in letter.
Congress led UPA has very good chance to win the lok sabha election 2009 with the blessing of Mr. Chawla. The Chawla mania has already spreaded to Assam, as Mr. Sarma, State Chief Election Commissioner has resigned and joined the congress party to fight the lok sabha elections. It seems that majority of election bosses have the tendency to join the congress party, for example, Sessan, Mr. Gill etc. have already proved in the line. So, the neutrality question always remain there. The congress party and its like minded parties always take the opportunity of iliteracy of the country, on which vote bank they are banking upon and also like the prevalent of such condition for their benefits. Its time for the urban educated society to vote for transperant and healthy democracy for the cause of innocent and rural iliterate people of the country.
Politicians are BLIND to their Selfishness
m sick of india's democracy!!!!!!!!!
I appreciate IE for highlighting this issue instead of criticizing CEC for writing a recommendation letter for removal EC Mr. Chawla. A leading south based English daily is spreading misinformation and is giving biased reporting. It is time, people know the truth.
An EC without allegiance is theoretically desirable. But who is appoints the EC? It is not a public office by election but a government apointee and the public exchequer pays for his services. The EC also votes and therefore has his loyalties. And above all post-retirement work is a part of privileges of the office. But important fact is that such issues will never arise with one who has a moral sense of duty.
Every edifice of our conmstitution is being demolished by a foreign born lady just to achieve her aim of total control of our nation.She is being supported by a coterie of time servers and dynastic sycophants.She thrust a controversial lady as our President denying a much qualified Kalam a second term.When her ambition to become PM was derailed by a national hue and cry,she put a root less politician as our PM.Her choice for the next two posts of DM and HM and EAM ,the only qualification was their loyality to her and their incompetence.A highjly controversial and known family retainer was appointed as EC.Atleast the CEC had the guts to question his professional integri.ty.If this goes on,people will lose faith in our electraral process inviting muilitary intervention as happened in Pakistan.
The CEC has a reputation for being fair and impartial and this just settles the controversy raised. Sad that Congress is stooping so low before the elections
He is absolutely right...bravo !! but the truth is even our President is not neutral...this whole thing will go under the carpet !!
First a puppet prime minister, than puppet governors followed by a puppet president. CBI has become congress bureau of investigation. Supreme court judgements have been getting shaky lately. Election commission was the last bastion. It seems to be crumbling too. Thanks to congress.
Where are corrupt Congresswala? Most of the govt ibstitition was destroyed by Indira Ghandi,few left over are being given burrial by THIS women who is trying to copy Indira from day one.Is it the slave mentality of Indian which has put this women on helms of affairs of the nation,the women who couldnot have dreamt beyond managing front desk of a departmental stores in Italy.
Mr. Gopalaswamy is right and his advice for amending the Election Commission Act 1991 to prohibit the appointment of a CEC or EC after retirement should be implemented in letter and spirit. This measure will make the Election Commission more powerful and the persons eager to please any political party merely for post-retirement incentives will think twice before lobbying to be a EC.
Aftrer the revelation of the rest two letters sent to president by CEC story,now it is very clear that the intention of CEC was to make election commission neutral .Constitution clearly states that CEC can reccomend for removal of EC.But our contractors of the couttry do not understand this simple language and are trying to mislead the people assuming that to mislead is their right.I feel that the step of CEC was an excellent step to protect democracy.