Question

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

1. The tenure of the Chief Election Commissioner is 6 years or until he attains 65 years of age.

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

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

4. The service conditions of Election Commissioners can be varied to their disadvantage after appointment.

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

Answer 1

Answer:

A. 1, 2 and 3 are correct

Election Commission of India: Tenure and Removal of Commissioners

Chief Election Commissioner (CEC) and Election Commissioners (ECs)

• Constitutional Body: The Election Commission of India (ECI) is a permanent constitutional body established under Article 324 of the Constitution of India.
• Tenure:
  • The CEC and other ECs have a tenure of six years or until they attain the age of 65 years, whichever is earlier.
  • This ensures a fixed term for these constitutional appointees, promoting independence.
• Removal of CEC:
  • The Chief Election Commissioner can be removed from office in the same manner and on the same grounds as a Judge of the Supreme Court of India.
  • This involves a process of impeachment initiated by Parliament, requiring a special majority in both Houses. Grounds for removal typically include proved misbehavior or incapacity.
• Removal of ECs:
  • Other Election Commissioners can be removed from office only on the recommendation of the Chief Election Commissioner.
  • This provision ensures that the CEC has a significant role in the removal of other commissioners, maintaining the collegial nature and authority within the ECI.
• Service Conditions:
  • The conditions of service of the CEC and ECs shall not be varied to their disadvantage after their appointment.
  • This is a crucial safeguard to ensure their independence and prevent any form of political pressure or influence through manipulation of their service terms or benefits.
  • This protection is similar to that provided to Supreme Court judges.
• Recent Developments: A new law enacted in 2023, the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, has introduced changes regarding the appointment process, but the tenure and removal provisions discussed above, derived from constitutional conventions and existing laws, remain critical for understanding their independence. (Note: While the question implies existing provisions, awareness of recent legislative changes is important for competitive exams.)