2009-02-01 09:59:29 - Sovereignty is the exclusive right to control a government, a country, a people, or oneself by divine right, by natural right, or the consentual or contractarian hypothesis that each of its subjects has actually or tacitly transferred to it that right.A fact that sovereign must obey divine and natural law imposes ethical constraints on him.CEC therefore has its own morals,ethical values plus the best law of the land for himself to give his best to peoples of this country.Challenging his act for his personal reasons for the best for nations remains the answer yet to be analysed.
Each political outfit has its own version of recommendations of CEC about its incumbent EC likely to step in shoes of CEC.In this high volte drama which needs to rope in many stalwarts needs to answer the primary question, Is the institution of CEC a soveriegn one or is subordinate office of the excutive or judiciary? Constitutional experts may not term it an mere events organiser for the democracy to blossom.To work in non -partisan way it must have its content of conduct or follow the whims of the chief to call a political shot to create stir for vaulting more bigger office.
CPM calls for the rejection of the demand of the Chief Election Commissioner N.Gopalswami to remove Election Commissioner Navin Chawla. In a statement issued in New Delhi, the party said that the suo moto recommendation by the CEC is out of bounds and can damage the institution of the Election Commission.

Mr.Gopalaswamy had extended every nerve before coming to a decision that is going to be debated for years to come.Very religious by nature and never complained against by any contending political parties of partisan behaviour,he has brought a life long experience and impartiality in arriving at a decision that his heart would have never permitted him easily but the mind

after weighing all the relevant facts was forced to conclude in all seriousness, that the continuation of Mr.Chawla in the commission is likely to erode the confidence, that the people of Indian had reposed in the officeEC is to be appreciated by all right thinking individuals, who wish to see that high constitutional offices are chaired by people of un-questionable integrity. said Krishnan Bala.

RK Datta says, Even the constitutional Expert Mr.Fali Nariman doubts the intent of the CEC because of the timing. He degraded the office of CEC by doing what he should not have done since he did not do it 1 year back.He also degraded the office by leaking the letter to media.Hiow did BJP come to know about it ?

CPM party Polit Bureau has urged all political parties and citizens to press for it on an urgent basis. It also demanded to bar former members of the Commission from taking up politically appointed positions or contesting elections.Criticising the BJP and the Congress for nominating their "pet bureaucrats" in the Election Commission leading to its "degeneration", the Marxist party called for urgent reforms of the central poll authority.CPI(M) had made its displeasure about the functioning of the Commission known after its "bitter experience" on the "manner" in which the West Bengal Assembly elections were held in 2006."The suo motu recommendation by Chief Election Commissioner N Gopalaswami to remove one of the Election Commissioners Navin Chawla is out of bounds and can only damage the institution of the Election Commission," a CPI(M) Polit Bureau statement said.
EC played a vital role in the constitutional scheme and in the parliamentary democratic system, it said, "the BJP and the Congress while in power have had a narrow approach of putting in place their pet bureaucrats to man the Commission which has led to the degeneration of this independent body." "Any suspicion that the members of this constitutional body are playing politics will harm the institution. The demand of the Chief Election Commissioner should therefore be rejected," the statement said. PTI

The External Affairs Minister Pranab Mukherjee said in New Delhi on Saturday, when asked about the constitutional position on the matter. Mr Gopalaswami's action is the first by a CEC in the six-decade history of the Election Commission. AIR correspondent reports that Mr Gopalaswami's recommendation came under attack from Constitutional experts as it has created a crisis.

Meanwhile, Mr Chawla has ruled out his resignation.

Reacting to the development, the Congress spokesman Abishekh Singhvi questioned the jurisdiction of the CEC to exercise such powers on a colleague. The Congress General Secretary Digvijay Singh said that political parties should refrain from politicising the issue.

The BJP, on the other hand, said that the recommendation is binding on the government. The Party leader Mr Arun Jaitley said that as per the constitution, the CEC has the power to recommend removal of any member from the panel. He also demanded that Mr Chawla should be dissociated with poll preparations.

With just two months left before Chief Election Commissioner N.Gopalaswami tenure ends on the 20th of April, he recommended the removal of Navin Chawala on the alleged ground that he was biased towards the Congress. Mr.Chawla is due to succeed Gopalaswami by convention of seniority.