Question

Which of the following statements about the appointment and tenure of Election Commissioners are correct?

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

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

iii. The qualifications for Election Commissioners are explicitly prescribed in the Constitution.

iv. The Anoop Baranwal case (2023) introduced a selection committee including the Chief Justice of India for appointing Election Commissioners.

• A. Only i, ii, and iv are correct
• B. Only i and ii are correct
• C. Only iii and iv are correct
• D. Only i, iii, and iv are correct

Answer 1

Answer:

A. Only i, ii, and iv are correct

Election Commission of India (ECI)

• The Election Commission of India (ECI) is an autonomous constitutional body responsible for administering Union and State election processes in India.

• It was established on January 25, 1950, which is now celebrated as National Voters' Day.

• Article 324 of the Indian Constitution provides for an Election Commission for the superintendence, direction, and control of elections.

• The ECI 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.

Statement i: The Chief Election Commissioner can be removed in the same manner as a Supreme Court Judge.

• This statement is correct.

• The Constitution grants the CEC security of tenure. The CEC can only be removed from office in the same manner and on the same grounds as a judge of the Supreme Court.

• The removal process involves a special majority in both Houses of Parliament (Lok Sabha and Rajya Sabha), passed on grounds of proved misbehaviour or incapacity.

• This stringent removal process is crucial to ensure the independence and impartiality of the Chief Election Commissioner from executive influence.

• However, an Election Commissioner or a Regional Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner.

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

• This statement is correct.

• The term of office for the Chief Election Commissioner and other Election Commissioners is fixed by law.

• The Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, specifies that they hold office for a term of six years or until they attain the age of 65 years, whichever is earlier.

• They can resign at any time or can also be removed before the expiry of their term.

Statement iii: The qualifications for Election Commissioners are explicitly prescribed in the Constitution.

• This statement is incorrect.

• The Indian Constitution, specifically Article 324, does not prescribe any specific qualifications (legal, educational, administrative, or judicial) for the members of the Election Commission.

• It also does not specify the term of the members of the Election Commission, nor does it debar the retiring election commissioners from any further appointment by the government.

• While the Constitution does not prescribe qualifications, convention dictates that individuals with significant administrative or judicial experience are usually appointed.

Statement iv: The Anoop Baranwal case (2023) introduced a selection committee including the Chief Justice of India for appointing Election Commissioners.

• This statement is correct in the context of the ruling.

• In March 2023, the Supreme Court, in the landmark case of Anoop Baranwal v. Union of India, ruled that the appointment of the Chief Election Commissioner and Election Commissioners would be made by the President on the advice of a committee.

• This committee, as per the SC judgment, was to comprise:

  1. The Prime Minister

  2. The Leader of Opposition in the Lok Sabha (or the leader of the single largest opposition party)

  3. The Chief Justice of India (CJI)

• This ruling was aimed at ensuring the independence of the ECI, pending a law by Parliament on the matter.

• However, it is important to note for competitive exams that subsequent to this judgment, the Parliament passed the Chief Election Commissioner and other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023. This Act replaced the CJI with a Union Cabinet Minister nominated by the Prime Minister in the selection committee. This new law took effect, overriding the Supreme Court's committee composition for future appointments. But the statement correctly describes what the Anoop Baranwal case *introduced* at that time.