Author:
Publication: Free Press Journal
Date: February 4, 2008
Attacking the Centre's reported move to amend
the Constitution to equate the Election Commissioners with the CEC, the BJP
on Sunday asked the Left parties to clarify whether or not they would "blindly
support the constitutionally inappropriate action".
BJP General Secretary Arun Jaitley, who is
leading the campaign for removal of Election Commissioner Navin Chawla for
his alleged proximity to Congress, said they were upset at the Union Law Minister's
statement that the Constitution would be amended "to create parity between
the three members of the EC".
He said the move was aimed at making the NDA
petition - which seeks the removal of Chawla as Election Commissioner - "infructuous".
Jaitley said the Central government "seems to have conveniently forgotten"
that the Congress does not command a two-third majority in either House of
Parliament and cannot possibly amend the Constitution, "even with the
support of allies".
Asking the Left parties to articulate their
stand on the issue, the senior BJP leader said the Left had a "dubious
role" with regard to issues like "partisan governors" and office-of-profit.
"Chawla's episode will once again put the Left parties on trial. They
will have to make a judgement on whether to blindly support the constitutionally
inappropriate action of the Congress party or lean in favour of strengthening
independent constitutional institutions," he said.
The government had on Friday came out in strong
defence of Chawla and disclosed that it was considering a Constitutional amendment
that will equate the Chief Election Commissioner with two other members of
the commission. Asked whether the government was considering bringing the
Election Commissioners at par with the CEC, Bharadwaj had said "yes,
definitely.
There is no difficulty. If this Constitutional
amendment is to be brought...then we can definitely bring it. This is part
of a package". Jaitley said the Law Minister's statement has confirmed
"our worst fears" that the government would be willing to go to
any extent to "save" Chawla.
This is the second time a constitutional amendment
is being planned to "save" one individual, the first instance being
what was done in the case of former Prime Minister Indira Gandhi 33 years
ago, he said. The government's statement "is conclusive of how much value
the Congress attaches to the continuation of Chawla as a member of the EC,"
he said.
When the statement is read in context of the
Prime Minister's Office "not even forwarding" the petition against
Chawla to the CEC, "the vested interest" of the Congress in his
continuation "gets confirmed," he alleged. Jaitley said if there
is an allegation of bias against a member of the EC, it is appropriate that
the CEC adjudicates the matter, and not the political establishment.
The Constitution "deliberately provided"
for a CEC to make recommendations on whether to continue with a member of
the EC, the BJP leader contended. He added that the constitutional position
regarding the status of the CEC and the Election Commissioners was governed
by the decision of the Supreme Court in the case of T N Seshan versus Union
of India in 1995.
Jaitley cited the observation, which had said
that the CEC is intended to be a "permanent incumbent" and in order
to preserve and safeguard his independence, "he had to be treated differently."
He noted that the court had said the other ECs "are not intended to be
permanent incumbents". The EC should be "politically detached",
Jaitley said, adding, "If the practice of appointing partisan persons
as members of EC gets established as a precedent, it will provide a temptation
for future governments to pack the EC with its own sympathisers".