Question

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

1. Chief Election Commissioner has a fixed 6-year tenure or till age 65, whichever is earlier.

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

3. The President can unilaterally remove any Election Commissioner.

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

Answer 1

Answer:

A. 1 and 2 only

Tenure of Election Commissioners

• The Chief Election Commissioner (CEC) and other Election Commissioners (ECs) have a tenure of six years from the date they assume office.
• Alternatively, they can serve until they reach the age of 65 years, whichever comes earlier.

Removal of Election Commissioners

• 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 an address being moved for their removal by each House of Parliament on grounds of proved misbehaviour or incapacity.
• Such an address must be supported by a special majority: a majority of the total membership of each House and a majority of not less than two-thirds of the members of that House present and voting.
• Other Election Commissioners (ECs) can be removed from office by the President, but only on the recommendation of the Chief Election Commissioner. This ensures a degree of independence for the ECs from direct political influence in their removal.
• The President cannot unilaterally remove any Election Commissioner without following the prescribed procedure and recommendation where applicable.
• Article 324(5) of the Constitution of India safeguards the position of Election Commissioners, stating they shall not be removed from office except in like manner as a Judge of the Supreme Court.

Key Points for Competitive Exams

• The independence of the Election Commission is crucial for conducting free and fair elections, a cornerstone of Indian democracy.
• The constitutional provisions for tenure and removal are designed to insulate the ECs from executive pressure.
• Understanding the specific conditions for removal (address by Parliament for CEC, recommendation of CEC for other ECs) is a common area for examination questions.