Question

Consider the following statements related to the tenure and removal of Election Commissioners:

1. The Chief Election Commissioner can be removed in the same manner as a Supreme Court judge.

2. Other Election Commissioners can be removed only on the recommendation of the Chief Election Commissioner.

3. The President determines the term of service for all Election Commissioners without any constitutional provisions.
   Which of the statements is/are correct?
   

• A. 1 and 3 only
• B. 1 and 2 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

B. 1 and 2 only

Election Commission of India: Tenure and Removal of Commissioners

• The Chief Election Commissioner (CEC) holds office for a term of six years or until they attain the age of 65 years, whichever is earlier.
• The 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 Parliament on grounds of proved misbehaviour or incapacity.
• The process requires a resolution passed by a special majority in both Houses of Parliament (Lok Sabha and Rajya Sabha), with a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting.
• Other Election Commissioners (ECs) also have a term of six years or until they reach the age of 65 years, whichever is earlier.
• Unlike the CEC, the other Election Commissioners can be removed from office by the President on the recommendation of the Chief Election Commissioner.
• The recommendation for removal must be based on grounds of misbehaviour or incapacity.
• Article 324(2) of the Constitution states that the appointment of the CEC and other ECs shall be made by the President, subject to any law made in this behalf by Parliament. However, the term of service for all Election Commissioners is determined by Constitutional provisions, not solely by the President's discretion.
• The Election Commission of India is a permanent, independent constitutional body established to ensure free and fair elections in the country.
• It is responsible for conducting elections to the Lok Sabha, Rajya Sabha, State Legislative Assemblies, and the offices of the President and Vice-President of India.