Sunday, February 1, 2009

Regulating India

Chief Election Commissioner(CEC) Gopalaswami's recommendation of removal of Election Commissioner(EC) Chawla finds its requisite support under Cl. 3 of Article 324 of The Constitution Of India wherein any election commissioner or regional commissioner would not be removed except on the recommendation of the CEC.EC Chawla's elevation to the post of CEC is yet due and the foregoing provision of the clause relating to removal of a CEC with an adequate majority of Parliament as applicable to the removal of a Judge of The Supreme Court under Article 124(4) thus cannot find favours.Taking however an apolitical view more so where instances of partisan behaviour has been projected,the Chattisgarh elections strangely enough does not find a mention and neither were any corrective measures adopted when the slated day of polling was fixed on the 14th day of November forcefully lending a credence and uncalled for support in disguised form to the party at power in the centre.The larger question thus emerging is who calls the shots at such instances?Plainly, the very framework of the Election Commission needs to be redefined and restructured for it to emerge as a non-partisan agency.The Tricolour is the proprietory belonging of the entire nation and similarly parties as the Congress(I) and Trinamul with their flags which have inscriptions on the tricolour sans the ashok chakra have merely usurped the identity of the nation.Where exactly does the fine line between absolute freedom subject to reasonable restrictions and proprietory domain lie and could the opinion of the CEC have come at a better time than when national fervour is at its pinnacle on a day demanding a pristine Constitution to celebrate the day for adequate regulation of the republic?Given India's babudom and Police Raj,curtailment of the fundamental right towards needful expression certainly would be easy and the nation's pride cannot be afforded to be submitted at the altar of such grotesque institutions where one's right to wear the identity of ones national honour is held captive by a certain section of the populace only.The nation's interests would have to be protected and even the fourth estate should join in these campaigns and strives where the attempt is merely to free ourselves of all bondage to attain a greater nation than the founding leaders had ever dreamt of.

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