In an interview with NDTV (posted at the end of this post) Mr. Arun Jaitley proved that the recommendation by CEC is binding and how preposterous and counterproductive it is to EXPECT a Government of a ruling party A (Congress in the present case) to ask the Chief Election Commissioner, who works for an independent constitutional body like Election Commission, to make a recommendation to remove the very Election Commissioner who is alleged and proven to be bias and partisan in favor of the same Party A which is ruling the country. Kudos Mr. Jaitley! No wonder may be that's why the current Prime Minister did not ask the CEC to investigate the written complaints made by the BJP to the Government in 2006 and the latter had no choice but to go to the Supreme Court.
Here is an excellent article "Fireballs of unrest in the time of election" by V Krishna Ananth in Express Buzz that clears the air about the unjust doubts which the sellout media is raising about the fair recommendation by CEC on Navin Chawla's biasness and partisanship. It also talks about the true intentions of Congress as to why it is dragging its feet on the issue.
Here is Chief Election Commissioner Mr. N Gopalaswami himself giving explanation as to why it took so long, how most of the time was wasted in the back-and-forth correspondence with him and Chawla due to latter. Please read, "I could not have acted sooner: CEC" by Abraham Thomas, The Daily Pioneer.
Following are some excellent views of prospective and deserving next Prime Minister of Bharat, Mr. Lal Krishna Advani on biased and partisan Election Commissioner Mr. Navin Chawla (as recommended by CEC) and the possibility that he will not be sacked because of his closeness to Congress and his loyalty to the empress Antonia Maino.
Why CEC’s recommendation with regard to Navin Chawla must be accepted by Government
In the post lunch chat we had that day, I posed a question to Benazir: “How is it” I asked her, “that though both India’s as well as Pakistan’s political leadership had imbibed a similar political culture under British rule, India had managed its democracy with remarkable success but in Pakistan democracy had been a total failure.” Benazir’s reply was succinct: “I attribute your country’s success to two factors: firstly, your Army is apolitical; and secondly, your Election Commission is constitutionally independent of the Executive.”Continuance of a biased and partisan Election Commissioner is detrimental to the very idea of free and fair elections. It goes against Bharatiya constitution, democratic morals, and ethics. But these are nothing but buzzwords for those who made this nation a laughing stock by changing the constitution just to save one person. In case you don't know what I am talking about, don't worry allot of people have already forgotten about the undemocratic Office of Profit Bill which was nothing but slap on the face of a republic. Mr. Advani very aptly quotes from a letter that 2006 Chief Election Commissioner Mr. BB Tandon wrote to then Rashtrapati Dr. Kalam,
Benazir had rightly identified the two guarantees for Indian democracy. For the first of these ― the Indian Army never nurturing political ambitions of any kind ― the credit goes entirely to our armed forces and those who have led it since independence, while credit for the Election Commission’s independence must be given to the Constituent Assembly.
On behalf of the BJP, Party General Secretary, Shri Arun Jaitley has rightly argued that the word ‘recommendation’ used in the second proviso of Article 324(3) must be construed as a binding recommendation. Jaitley has drawn attention to Article 217 of the Constitution relating to appointment of High Court Judges where the appointment is to be “after consultation with the Chief Justice”, the Chief Justice’s views has always been regarded binding.
The Party therefore, feels that the Chief Election Commissioner’s recommendation with regard to Shri Navin Chawla must be forthwith accepted by Government.
In 2006, the then Chief Election Commissioner Shri B.B. Tandon, in a well-argued letter addressed to Rashtrapati Dr. A.P.J. Abdul Kalam, had pleaded with Government that just as in the case of the Central Vigilance Commission and the National Human Rights Commission, the appointments are made not by the Executive but by Committees in which the Speaker of the Lok Sabha and Leaders of Opposition in Parliament are also included, in case of the Election Commission also, a similar Committee should be authorized to do so. Shri Tandon concludes his letter to Dr. Kalam with the observation:Yes, every thing should be done to strengthen the faith of the people that Election Commission is impartial, neutral and credible. But is Congress led UPA Government listening? I guess not.
“This approach would not only be in keeping with the spirit and sentiment flowing from the debates in the Constituent Assembly but also further strengthen the faith of the people of our great democracy in the continued impartiality, neutrality and credibility of the Election Commission.”
And for those pessimists questioning the timing of CEC's recommendation, here is your answer that 'CEC had told Chawla a year ago that he should be removed'.
Watch below how Mr. Arun Jaitley proves that the recommendation by CEC is binding and how preposterous and counterproductive it is to EXPECT a Government of a ruling party A (Congress in the present case) to ask the Chief Election Commissioner, who works for an independent constitutional body like Election Commission, to make a recommendation to remove the very Election Commissioner who is alleged and proven to be bias and partisan in favor of the same Party A which is ruling the country. Kudos Mr. Jaitley! No wonder may be that's why the current Prime Minister did not ask the CEC to investigate the written complaints made by the BJP to the Government in 2006 and the latter had no choice but to go to the Supreme Court.
Caution: Following video contains a news report from a news channel which has recently being reported as a gagger of the freedom of speech and may also have an Anti-Hindu biased viewpoint like some other channels, viewer discretion is advised.