Question

Choose the correct statements about the tenure and salary of Election Commissioners:

1. The term of office of Election Commissioners is 6 years or until 65 years of age, whichever is earlier.

2. The salaries of the Chief Election Commissioner and Election Commissioners are charged on the Consolidated Fund of India.

3. Other Election Commissioners cannot be removed without the Chief Election Commissioner's recommendation.

4. The Chief Election Commissioner can be removed by the President on any grounds without special procedure.

• A. 1, 2 and 3 only
• B. 1 and 4 only
• C. 2, 3 and 4 only
• D. All are correct

Answer 1

Answer:

A. 1, 2 and 3 only

Election Commission of India and its Commissioners

• The Election Commission of India (ECI) is a permanent and independent body established by the Constitution of India (Article 324) to ensure free and fair elections in the country.

• It consists of a Chief Election Commissioner (CEC) and such number of other Election Commissioners (ECs) as the President may from time to time fix. Currently, it is a three-member body (1 CEC and 2 ECs).

Tenure and Removal of Election Commissioners

• The term of office for the Chief Election Commissioner and other Election Commissioners is six years or until they attain the age of 65 years, whichever is earlier. This provision ensures their independence and continuity in office.

• The Chief Election Commissioner (CEC) enjoys the same security of tenure as a Judge of the Supreme Court. They can only be removed from office in the same manner and on the same grounds as a Supreme Court Judge, which involves a special parliamentary procedure (impeachment process). This rigorous removal process is a cornerstone of the CEC's independence.

• Other Election Commissioners (ECs) and Regional Commissioners cannot be removed from office except on the recommendation of the Chief Election Commissioner. This provision (Article 324(5)) aims to safeguard the independence of the other ECs from the executive. However, it's important to note that the CEC's recommendation is crucial for their removal, unlike the CEC who requires a parliamentary process.

Salaries and Service Conditions

• The salaries and allowances of the Chief Election Commissioner and other Election Commissioners are equivalent to those of a Judge of the Supreme Court. This parity in emoluments reinforces their high constitutional status and independence.

• Their salaries, allowances, and expenses are charged on the Consolidated Fund of India. This means that these expenditures are not subject to a vote in Parliament, further ensuring their financial independence from the executive and legislative branches.

Key Constitutional Provisions

• Article 324 of the Indian Constitution deals with the superintendence, direction, and control of elections to Parliament, State Legislatures, and the offices of President and Vice-President.

• The conditions of service and tenure of office of the Election Commissioners are determined by Parliament through legislation (The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991).