People's Democracy

(Weekly Organ of the Communist Party of India (Marxist)


No. 5

February 08, 2009


AILU Expresses Concern Over EC Row

All India Lawyers Union has issued the following statement on February 3, 2009

THE All India Lawyers Union(AILU) expresses its grave concern on the propriety of the chief election commissionerís recommendation to the president of India for removal of Naveen Chawla as election commissioner at the time when the elections for the 15th Lok Sabha are just on the anvil. The power of appointment and removal of the election commissioners is in the governmentís domain under the existing provisions of the constitution. The CEC has no right to give his views unless asked for by the government. This has been made clear by the decision of the Supreme Court in the year 1995 in T N Seshanís case, where the court held that the CECís recommendations should be backed by cogent reasons. The recommendations of the CEC will only harm the election commission as an institution and would hurt the democratic traditions in the country. The dignity of the election commission as a body is most important for ensuring free and fair elections in the country. The AILU strongly deprecates the calculated move of the CEC which appears to be politically motivated.