Election Commissioner Independence and Removal
The independence and tenure of Election Commissioners (ECs) in India are governed by constitutional provisions designed to insulate them from executive influence.
Analysis of Election Commissioner Removal Options
- Option 3: This statement is accurate. Article 324(5) of the Constitution states that an Election Commissioner (EC) or Regional Commissioner shall not be removed from office except for misbehaviour or incapacity on the recommendation of the Chief Election Commissioner (CEC). This constitutionally mandated process means the executive government cannot remove an EC unilaterally; the CEC's recommendation is a necessary condition. This mechanism ensures the functional independence of ECs from direct governmental control.
- Option 2: While the removal procedure for the CEC shares similarities with that of a Supreme Court judge (requiring impeachment by Parliament via a special majority), Option 3 highlights a distinct procedural safeguard specifically for other Election Commissioners, emphasizing their independence from direct executive action.
- Option 1: This is incorrect. The removal of the CEC involves a parliamentary impeachment process, requiring a special majority in both Houses. The assent or recommendation of the Chief Justice of India is not a part of this procedure.
- Option 4: This is incorrect. The tenure for both the CEC and ECs is a fixed term of 6 years from the date of assuming office, or until they reach the age of 65 years, whichever occurs first. A ten-year term is factually wrong.
Consequently, the protection afforded to Election Commissioners through the requirement of the CEC's recommendation before removal represents a key aspect of their independence from governmental interference.
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Important Questions from Constitutional Bodies
Consider the following events :
1. Establishment of the Planning Commission
2. Formation of the National Development Council (NDC)
3. Approval of the First Five-Year Plan by the NDC
4. Constitution of the National Planning Committee
Which one of the following is the correct sequence of the above events?
- Who among the following is the Chairperson of the Goods and Services Tax Council?
Which one of the following statements about the Attorney General of India is not correct ?
Consider the following statements about Attorney-General in India:
1. She/he is the first law officer of the Government of India
2. She/he has a right to speak in any House of Parliament without any right to vote
3. She/he is appointed by the President of India
4. She/he is a whole-time counsel for the Government in the court of law
How many of the statements given above is/are correct?
Which of the following statements relating to the Comptroller and Auditor General (CAG) of India is/are correct?
1. The CAG can attend the sittings of the Committee on Public Accounts.
2. The CAG can attend the sittings of Lok Sabha and Rajya Sabha.
3. The jurisdiction of CAG is co-extensive with the powers of the Union Government.
Select the correct answer using the code given below:
