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With reference to the Election Commission of India, consider the following statements:
1. The Indian Constitution provides security of tenure to Chief Election Commissioner but not to Election Commissioners.
2. The Constitution has debarred the retiring election commissioners from any further appointment by the government.
3. The Chief Election Commissioner has more powers and can overturn the decision made by Election Commissioners.
Which of the statement(s) given above is correct?
1 only
1 and 2 only
1 and 3 only
None of the above
The Election Commission of India is a permanent and an independent body established by the Constitution (Article 324) to ensure free and fair elections in the country. It has the power of superintendence, direction and control of elections to parliament, state legislatures, the office of president and the office of vice-president. Although the Chief Election Commissioner (CEC) and other Election Commissioners (EC) are appointed by the President, only the CEC is provided with the security of tenure. Article 324 mentions that CEC can be removed from his office in the same manner and on the same grounds as a judge of the Supreme Court, other ECs can be removed from the office only on the recommendation of the CEC. Hence, statement 1 is correct. Though the Constitution has sought to safeguard the independence of the Election Commission, it has not debarred the retiring election commissioners from any further appointment by the government like CAG. Hence, statement 2 is incorrect. The CEC and ECs have equal powers and receive equal salary, similar to that of a judge of the Supreme Court. In case of difference of opinion amongst the CEC and ECs, the matter is decided by the Commission by majority. Hence, statement 3 is incorrect.
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