New Delhi: The Centre on Wednesday justified the action of President A.P.J. Abdul Kalam forwarding to the Government the complaint given by 205 MPs seeking the removal of Election Commissioner Navin Chawla.

Appointments to the posts of Election Commissioner and Chief Election Commissioner were made by the President on the aid and advice of the Council of Ministers, Additional Solicitor-General Gopal Subramaniam told the Supreme Court. "Likewise, in matters relating to removal of an Election Commissioner or the Chief Election Commissioner, the aid and advice of the Council of Ministers becomes relevant,'' he told a Bench consisting of Justices Ashok Bhan and Dalveer Bhandari.

It is hearing a writ petition from Jaswant Singh, Leader of the Opposition in the Rajya Sabha, questioning the continuance of Mr. Chawla as Election Commissioner.

On the petitioner's contention that the President ought to have referred the memorandum to the Chief Election Commissioner, Mr. Subramaniam said, ``The views of the CEC can be sought only if there is a proposal from the Union Government for removal of the Election Commissioner, and general recommendations on `suitability' are completely outside the purview of the exercise contemplated under Article 324 (5) of the Constitution."

He said, ``The CEC cannot be compelled to act in any manner unless and until the executive government has taken a view in this regard."

An antidote

He said: ``Article 324 does not vest the President with any discretion to bypass the Council of Ministers and forward a representation to the CEC directly." Article 324 (5) (vesting powers in the CEC to remove an Election Commissioner) "is an antidote or protection for the Commissioners and not an encouragement for filing petitions against the Commissioner for potential misuse."

The executive government had examined the memoranda and the representations seeking the removal of Mr. Chawla and it did not find any merit in them.

Also, the allegations did not pertain to any misconduct on the part of Mr. Chawla as Election Commissioner warranting action, Mr. Subramaniam said.

To a question from the Bench whether he had brought the records on the advice given by the Cabinet to the President, Mr. Subramaniam said, ``Yes.'' On Tuesday the Bench asked him to keep the file ready for perusal if required.

Mr. Subramaniam will continue his arguments on Thursday.

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