With letter on Chawla,CEC wrote: Ban us from govt jobs

The Congress and the UPA have accused Gopalaswami of simply taking positions “congruent” with and matching those of the main opposition party,the BJP,on the demand for Chawla’s ouster. But his letters to the President,asking for the prohibition on a future job with the government or a political career post-retirement for the CEC or EC,could change the nature of the debate so far between the ruling Congress party and the BJP on the divide in the poll panel.

In two letters sent to the President,the CEC has written about the need of a “neutral umpire” in the current context of an “increasingly fragmented polity”,when,“more than ever before,there now is a felt-need to emphasise the neutrality of the Commission and Commissioners.”

The CEC makes the case that with the heyday of a single-party government being over,in “an increasingly fragmented polity where multi-party coalitions,in Government as well as in opposition,are becoming the order of the day,the role of the Election Commission as a neutral umpire providing a level playing field is assuming ever greater importance. More than ever before,there now is a felt-need to emphasize the neutrality of the Commission and the Commissioners.”

Gopalaswami has written of the “inappropriateness” of former ECs and CECs accepting offices under the Government and “worse still joining political parties”. In his opinion,this hits at the “very root of the principle of neutrality”.

It is necessary,he feels,to “mandate against any post-retirement employment for the ECs.”

He has proposed to the President,to “issue” an advice to the government to amend the Election Commission Act,1991,to prohibit the appointment of a CEC or EC to any office the appointment to which is required by law to be made by the President or the Government. This would,importantly,preclude gubernatorial assignments and diplomatic assignments.

Gopalaswami has also requested the amendment of rules so no CEC or EC can join any political party for 10 years after demitting office as CEC or EC.

In one of the two letters,The Indian Express has learnt that Gopalaswami also cited the Central Vigilance Commission Act,2003,which prohibits CVCs and Vigilance Commissioners from accepting any such appointment,post-retirement.

He writes: “In order that no fingers are raised against any CEC or EC doubting their neutrality and impartiality,to consider amendment of the Conditions of Service Act to provide that no CEC or EC shall be eligible for further appointment to any office or post under the government (including the office of Governor or Lt. Governor),after his retirement and further also to provide that a CEC and EC shall be prohibited from joining any political party at least for ten years after demitting office.”

In recent times,at least two high-profile CECs,M S Gill and T N Seshan have had a go at political careers and contested elections on party symbols after retirement – a practice that raised eyebrows at the time.

Using the appointment procedure of the CVCs again as an example in his second communication to the President,Gopalaswami has advocated the formation of a special committee consisting of the PM,Lok Sabha Speaker,Deputy Chairman of the Rajya Sabha,Leaders of the Opposition in the two Houses,and Law Minister to recommend the appointment of the CEC and ECs,so as to provide for the broadest “bipartisan consensus”.