Question

Consider the following statements regarding the tenure and removal of Election Commissioners:

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

2. The President can remove any Election Commissioner without consulting the Chief Election Commissioner.

3. The Chief Election Commissioner holds equal powers as other Election Commissioners in decision making.

Which of the statements given above is/are correct?

• A. 1 and 3 only
• B. 2 and 3 only
• C. 1, 2 and 3
• D. 1 only

Answer 1

Answer:

A. 1 and 3 only

Election Commission of India (ECI)

• The Election Commission of India is a constitutional body responsible for conducting elections in India.

• It was established on January 25, 1950.

• The ECI consists of the Chief Election Commissioner (CEC) and two Election Commissioners (ECs).

• Currently, the appointment of the CEC and ECs is made by the President of India.

Tenure and Removal of Election Commissioners

• Statement 1: Correct. The tenure of both the Chief Election Commissioner and other Election Commissioners is for a period of six years from the date they assume office or until they attain the age of 65 years, whichever is earlier. This is a crucial aspect for ensuring independence and stability.

• Statement 2: Incorrect. The Chief Election Commissioner (CEC) can be removed from office in a manner similar to that of a Judge of the Supreme Court of India. This involves impeachment by both Houses of Parliament with a special majority, based on grounds of proven misbehaviour or incapacity. An Election Commissioner (EC) can be removed by the President only on the recommendation of the Chief Election Commissioner. Therefore, the President cannot remove an EC without consulting the CEC.

• Statement 3: Correct. All Commissioners, including the Chief Election Commissioner, have equal powers in the decision-making process of the Election Commission. Decisions are taken by majority vote. This ensures collective responsibility and prevents arbitrary decisions by the CEC alone.

Key Constitutional Provisions

• Article 324(2) of the Constitution of India deals with the appointment of the Chief Election Commissioner and other Election Commissioners.

• The conditions of service and tenure of office of the Election Commissioners are determined by the President of India, subject to provisions made by Parliament.

• The ECs are not eligible for re-appointment to that office after they cease to hold office.

Evolution of the ECI

• Initially, the ECI was a single-member body.

• In 1989, it was made a multi-member body, comprising the CEC and two ECs.

• The strength was again reduced to a single member in 1990 and then restored to a three-member body in 1993.

Significance of Independence

• The independence of the ECI is vital for the conduct of free and fair elections, a cornerstone of democracy.

• The security of tenure and conditions of service are designed to insulate them from political interference.