Consider the following statements:
- 1. The President of India appoints the Chief Election Commissioner and other Election Commissioners.
- 2. The Chief Election Commissioner and other Election Commissioners have equal powers.
- 3. An Election Commissioner can be removed from office only on the recommendation of the Chief Election Commissioner.
Which of the statements given above are correct?
1 and 2 only
1 and 3 only
2 and 3 only
1, 2 and 3
Answer is Wrong!
Answer is Right!
This question was previously asked in
UPSC CAPF – 2010
– Statement 2: The Chief Election Commissioner and other Election Commissioners have equal powers in terms of decision-making within the Election Commission. Section 22 of The Election Commissioner (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, explicitly states this. Matters are decided by a majority vote of the Commissioners. The Chief Election Commissioner acts as the chairman but does not have overriding powers.
– Statement 3: Article 324(5) provides that an Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner. This is a safeguard intended to protect the independence of the other Commissioners, making their removal more difficult and dependent on the CEC’s view. The Chief Election Commissioner, however, can only be removed in the same manner as a Judge of the Supreme Court (by a parliamentary address).
– The security of tenure and difficult removal process are crucial for ensuring the independence of the Election Commission.