Rashtrapati should consult the Chief Election Commissioner in deciding on the NDA petition seeking removal of Navin Chawla from EC
One of the principal aims of the Bharat Suraksha Yatra, which I have undertaken jointly with my Party President Shri Rajnath Singh, is to educate the people about the threats to Indian democracy from the UPA government’s deliberate undermining of our democratic institutions.
It is for this reason that yesterday in my press conference at Ahmedabad I commented upon the Attorney General’s reported clean chit to Shri Navin Chawla, whose suitability to continue as a member of the Election Commission has been questioned by the NDA. I am happy that a delegation of the NDA, led by Shri George Fernandes and Shri Jaswant Singh, met the President yesterday and urged him not to consider the AG’s reported opinion in the matter.
I am compelled to revisit this matter in view of its seriousness, in the form of this statement.
The President forwarded to the Prime Minister the memorandum which was submitted to him by as many 205 MPs belonging to opposition parties on March 20. The memorandum pleaded for the removal of Shri Chawla from the EC in view of his many well-documented financial improprieties and also his proven bias towards the Congress party. It is for the first time in the history of our Republic that so many MPs have collectively petitioned to the President, not only holding an Election Commissioner unfit to occupy the high constitutional office but also nailing the Prime Minister’s guilt in making an indefensible appointment motivated solely by partisan political considerations.
The Prime Minister was dutybound to send the NDA petition to the Chief Election Commissioner since, under Article 324 (5) of the Constitution, neither the Council of Ministers nor the Attorney General has any role to play in the matter of removal of a member of the EC. This matter falls purely and exclusively in the domain of the President and the Chief Election Commissioner. The former is expected to give his recommendation to the President, on the basis of which the latter takes the final decision.
As is well known, a Member of Parliament takes oath to remain faithful to the Constitution, whereas the President of the Republic takes oath to protect the Constitution.
I therefore hope and trust that the President will disregard any opinion that the Council of Ministers or the AG may send in response to the NDA’s petition. I also urge him to direct the Prime Minister to immediately forward the petition to the Chief Election Commissioner, so that the latter may send his considered recommendation to the President.
In this context, I would like Mahamahim Rashtrapati to also bear in mind the wrong advice given by the Union Council of Ministers in the matter pertaining to the dissolution of the Bihar Assembly last year. The Supreme Court not only struck down the dissolution as unconstitutional, but also severely reprimanded the Governor (who had to tender his resignation) and the Council of Ministers (for not applying its mind on the report submitted by the Governor).
One of the principal aims of the Bharat Suraksha Yatra, which I have undertaken jointly with my Party President Shri Rajnath Singh, is to educate the people about the threats to Indian democracy from the UPA government’s deliberate undermining of our democratic institutions.
It is for this reason that yesterday in my press conference at Ahmedabad I commented upon the Attorney General’s reported clean chit to Shri Navin Chawla, whose suitability to continue as a member of the Election Commission has been questioned by the NDA. I am happy that a delegation of the NDA, led by Shri George Fernandes and Shri Jaswant Singh, met the President yesterday and urged him not to consider the AG’s reported opinion in the matter.
I am compelled to revisit this matter in view of its seriousness, in the form of this statement.
The President forwarded to the Prime Minister the memorandum which was submitted to him by as many 205 MPs belonging to opposition parties on March 20. The memorandum pleaded for the removal of Shri Chawla from the EC in view of his many well-documented financial improprieties and also his proven bias towards the Congress party. It is for the first time in the history of our Republic that so many MPs have collectively petitioned to the President, not only holding an Election Commissioner unfit to occupy the high constitutional office but also nailing the Prime Minister’s guilt in making an indefensible appointment motivated solely by partisan political considerations.
The Prime Minister was dutybound to send the NDA petition to the Chief Election Commissioner since, under Article 324 (5) of the Constitution, neither the Council of Ministers nor the Attorney General has any role to play in the matter of removal of a member of the EC. This matter falls purely and exclusively in the domain of the President and the Chief Election Commissioner. The former is expected to give his recommendation to the President, on the basis of which the latter takes the final decision.
As is well known, a Member of Parliament takes oath to remain faithful to the Constitution, whereas the President of the Republic takes oath to protect the Constitution.
I therefore hope and trust that the President will disregard any opinion that the Council of Ministers or the AG may send in response to the NDA’s petition. I also urge him to direct the Prime Minister to immediately forward the petition to the Chief Election Commissioner, so that the latter may send his considered recommendation to the President.
In this context, I would like Mahamahim Rashtrapati to also bear in mind the wrong advice given by the Union Council of Ministers in the matter pertaining to the dissolution of the Bihar Assembly last year. The Supreme Court not only struck down the dissolution as unconstitutional, but also severely reprimanded the Governor (who had to tender his resignation) and the Council of Ministers (for not applying its mind on the report submitted by the Governor).
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