Q. The Constitution of India provides which of the following provisions to ensure the independence of Chief Election Commissioner (CEC)?
1. The Chief Election Commissioner is to be appointed by a collegium headed by the Prime Minister.
2. Retiring Chief Election Commissioner is not eligible for any further appointment under the government.
3. He can be removed only on the same grounds as a judge of the Supreme Court.
4. The service conditions of the Chief Election Commissioner cannot be varied to his disadvantage after his appointment.
Select the correct answer using the codes given below:
Exp) Option b is the correct answer.
Article 324 of the Constitution has made the provisions to safeguard and ensure the independent and impartial functioning of the Election Commission.
Statement 1 is incorrect: The appointment of the chief election commissioner and other election commissioners are made by the president. Note: The Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Bill, 2023 has been introduced in the Parliament, so provisions related to appointment may change with time, kindly update the same accordingly
Statement 2 is incorrect: The Constitution has not debarred the retiring election commissioners from any further appointment by the government.
Statement 3 is correct: The chief election commissioner cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court. In other words, he can be removed by the president based on a resolution passed to that effect by both the Houses of Parliament with special majority, either on the ground of proved misbehaviour or incapacity.
Statement 4 is correct: According to the Constitution of India, the service conditions of the Chief Election Commissioner (CEC) cannot be varied to his disadvantage after his appointment. This provision is enshrined in Article 324(5) of the Constitution.
