Regarding the Election Commission of India (ECI), consider the following statements:
1. The Chief Election Commissioner can only be removed in the same manner as the Judges of the Supreme Court.
2. Article 324(5) postulates that the removal of the Election Commissioners could be made only on the recommendation of the Chief Election Commissioner.
3. The conditions of service and tenure of office of the Election Commissioners is determined by the Chief Election Commissioner.
How many of the above statements is/are incorrect ?
Only two
Incorrect AnswerAll three
Incorrect AnswerExplanation:
This statement is correct. The Chief Election Commissioner (CEC) is provided the same level of security of tenure as the Judges of the Supreme Court. They can only be removed through a process of impeachment which requires a two-thirds majority in both houses of Parliament.
Article 324(5) of the Indian Constitution does state that Election Commissioners and the Regional Commissioners shall not be removed from office except on the recommendation of the Chief Election Commissioner. Therefore, this statement is correct.
The conditions of service and tenure of office of the Election Commissioners are not determined by the Chief Election Commissioner. Instead, they are determined by the President of India. This statement is incorrect.
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By: Parvesh Mehta