Which of the following statements with regard to the Anoop Barenwal v. Union of India (2023) case is/are correct ?
Select the answer using the code given below :
- 1. The case was heard by a Constitutional Bench
- 2. According to the judgment, the grounds for removal of Election Commissioners shall be the same as the Chief Justice of India
1 only
2 only
Both 1 and 2
Neither 1 nor 2
Answer is Right!
Answer is Wrong!
This question was previously asked in
UPSC CAPF – 2024
Statement 2 is incorrect. The judgment primarily focused on the *appointment process* of the Chief Election Commissioner (CEC) and Election Commissioners (ECs), ruling that they should be appointed by the President on the recommendation of a committee comprising the Prime Minister, the Leader of Opposition in Lok Sabha, and the Chief Justice of India. While the judgment aimed to provide the ECs with greater independence similar to the CEC and Supreme Court judges, it did *not* change the constitutional provision regarding the *grounds* for removal of Election Commissioners. According to Article 324(5), an Election Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner. The grounds for removal of the CEC (and Supreme Court judges) are “proved misbehaviour or incapacity” through a parliamentary process, but this is not explicitly stated as the grounds for other ECs when recommended for removal by the CEC in the Constitution or the judgment. The judgment reinforced the existing removal protection via the CEC’s recommendation.