How difficult is it for Govt to remove CVC

Video

New Delhi: With PJ Thomas refusing to quit, just how difficult is it for the Government to remove the Central Vigilance Commissioner.

The CVC Act of 2003 says that he can be removed only if there is a case of proven misbehaviour or incapacity during his tenure.

Under fire from the Supreme Court and the Opposition over the appointment of CVC PJ Thomas, the Government is in a quandary because it isn't easy to remove him.

Click to play videoNew Delhi: With PJ Thomas refusing to quit, just how difficult is it for the Government to remove the Central Vigilance Commissioner.

The CVC Act of 2003 says that he can be removed only if there is a case of proven misbehaviour or incapacity during his tenure.

Under fire from the Supreme Court and the Opposition over the appointment of CVC PJ Thomas, the Government is in a quandary because it isn't easy to remove him.

"The Government can do nothing...there is a process that has to be followed," said lawyer KN Bhatt.

According to section 6 of the Central Vigilance Commission Act 2003, a CVC can be removed if certain conditions are fulfilled.

For instance, he can be removed by a Presidential Order on the recommendation of the Supreme Court, on cases of proven misbehaviour or incapacity.

Or, the CVC can also be removed if he is proven to have acquired financial interests that can prejudice his functioning in the role.

But in PJ Thomas' case, none of the seven conditions apply.

"The Government has become a puppet in the hands of the corrupt, can't they find someone who is not corrupt. it is convenient for the Government," said Lawyer Prashant Bhushan.

So f! ar Thoma s has been defiant, saying he owes allegiance to the Constitution and he would be fighting it out in the Court.

Leader of Opposition Sushma Swaraj will be filing an affidavit telling the court what she had told the three member appointment panel headed by the Prime Minister.

For the Government though the only option at present is to wait and watch.