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Elections 2009 in India

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  • #16
    Originally posted by Gokul View Post
    By the way, what do you think about the Chawla v/s Gopalaswamy controversy ???
    Too many issues to it, what specifically do you want to ask?
    When our perils are past, shall our gratitude sleep? - George Canning sigpic

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    • #17
      Here till now the poll seems competitive BJP+A=7, Congress+A=7 and the lefties=1 being the deciding factor... hehe

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      • #18
        Originally posted by payeng View Post
        Here till now the poll seems competitive BJP+A=7, Congress+A=7 and the lefties=1 being the deciding factor... hehe
        Deja Vu again ???

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        • #19
          Originally posted by Knaur Amarsh View Post
          Too many issues to it, what specifically do you want to ask?
          No, nothing specific. Just the Constitutional implications. Does that mean that the Chief Election Commissioner has no extra powers compared to the other Election Commissioners? And, what about the charges made by Gopalaswamy? What did the Government do to investigate them? They seemed to be some very serious charges...

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          • #20
            Originally posted by Gokul View Post
            No, nothing specific. Just the Constitutional implications. Does that mean that the Chief Election Commissioner has no extra powers compared to the other Election Commissioners?
            Constitutionally, No. They are all on an equal footing. CEC has no extra powers accorded by the constitution that the EC's don't.

            And, what about the charges made by Gopalaswamy? What did the Government do to investigate them? They seemed to be some very serious charges.
            The govt. is not constitutionally empowered to investigate a sitting EC.
            If the charges against Chawla were deemed serious enough and evidence sufficient, he'd have to be removed from his post before a probe can be initiated.

            How about Gopalaswamt's timing though? Charges levelled right before the elections, when Chawla is set to take over as CEC after his retirement?
            When our perils are past, shall our gratitude sleep? - George Canning sigpic

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            • #21
              How about Gopalaswamt's timing though? Charges levelled right before the elections, when Chawla is set to take over as CEC after his retirement?
              That also seems a little suspicious... but, the government ought to have launched an investigation. The CEC cannot write a 53 page (or so) detailed letter unless he had some proof or suspected that something was amiss... Chawla atleast ought to have been temporarily suspended and a probe initiated...

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              • #22
                Originally posted by Gokul View Post
                That also seems a little suspicious... but, the government ought to have launched an investigation. The CEC cannot write a 53 page (or so) detailed letter unless he had some proof or suspected that something was amiss... Chawla atleast ought to have been temporarily suspended and a probe initiated...
                No! Either remove him , or don't investigate at all. The founding fathers of our constitution made EC's equiv. to Supreme Court judges for a reason, if the govt. could arbitarily suspend EC's, then the Election Commission would become a political instrument where EC's not bending for the govt. would simply be suspended for the duration of elections.
                When our perils are past, shall our gratitude sleep? - George Canning sigpic

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                • #23
                  Originally posted by Knaur Amarsh View Post
                  No! Either remove him , or don't investigate at all. The founding fathers of our constitution made EC's equiv. to Supreme Court judges for a reason, if the govt. could arbitarily suspend EC's, then the Election Commission would become a political instrument where EC's not bending for the govt. would simply be suspended for the duration of elections.
                  True, but what about the ugly questions this raises? What if the EC becomes the lapdog of the ruling party with favourable appointments etc. ?

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                  • #24
                    Originally posted by Knaur Amarsh View Post
                    No! Either remove him , or don't investigate at all. The founding fathers of our constitution made EC's equiv. to Supreme Court judges for a reason, if the govt. could arbitarily suspend EC's, then the Election Commission would become a political instrument where EC's not bending for the govt. would simply be suspended for the duration of elections.
                    Also, the Constitution possibly needs to be amended a little to let the Chief Justice or the Solicitor General probe charges of misconduct the the Election Commissioners or the Chief Election Commissioner. As of yet, the Judiciary is very unbiased and this ought to be a decent solution...

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                    • #25
                      Originally posted by Gokul View Post
                      True, but what about the ugly questions this raises? What if the EC becomes the lapdog of the ruling party with favourable appointments etc. ?
                      Thats precisely why all EC members are equiv. in status and powers, they'd all have to be favourable to the ruling govt. for the EC to become redundant as an enforcement agency.
                      When our perils are past, shall our gratitude sleep? - George Canning sigpic

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                      • #26
                        Originally posted by Gokul View Post
                        Also, the Constitution possibly needs to be amended a little to let the Chief Justice or the Solicitor General probe charges of misconduct the the Election Commissioners or the Chief Election Commissioner. As of yet, the Judiciary is very unbiased and this ought to be a decent solution...
                        What makes you think the CJI would be any less of a political appointment than the CEC?
                        When our perils are past, shall our gratitude sleep? - George Canning sigpic

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                        • #27
                          Originally posted by Knaur Amarsh View Post
                          Thats precisely why all EC members are equiv. in status and powers, they'd all have to be favourable to the ruling govt. for the EC to become redundant as an enforcement agency.
                          The President appoints the Election Commissioners and the Chief Election Commissioner. This means that the process is already possibly biased since the President listens to the ruling party (dissolving state assemblies in the middle of the night et al)

                          I fear this system might be misused by the ruling parties to get their own favourable candidates... just getting 2 candidates inside is enough, they will have majority and push through the ruling party's agenda...

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                          • #28
                            Originally posted by Knaur Amarsh View Post
                            What makes you think the CJI would be any less of a political appointment than the CEC?
                            CJI may be a political appointment. But CJs have repeatedly taken the government on on policy matters and criticised them many times. So, I still have faith in the Judiciary of the country to uphold whatever is right and moral...

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                            • #29
                              Originally posted by Gokul View Post
                              CJI may be a political appointment. But CJs have repeatedly taken the government on on policy matters and criticised them many times. So, I still have faith in the Judiciary of the country to uphold whatever is right and moral...
                              Judging by their past record and autocratic style of functioning, I trust the judiciary far less than I trust the EC or even the corrupt Parliament for that matter, still thats my personal opinion.

                              As for policy matters, the judiciary cannot interfere in executive functions unless they are deemed unconstitutional.

                              But the point is, all branches of our democracy derive their power from the constitution, allowing one constitutional body to curtail the powers of another would set a very bad precedent.
                              When our perils are past, shall our gratitude sleep? - George Canning sigpic

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                              • #30
                                South India will hold the key.
                                AIADMK,PMK,MDMK- this alliance looks formidable and though they are with left today we all know how strong their ideological commitment are.
                                The strength of TDP and PrajaRajyam will also be a deciding factor.
                                Keyboard is mightier than gun

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