Statement 1: The Chief Election Commissioner and other Election Commissioners hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. However, they can be removed from office before the expiry of their term. The Chief Election Commissioner can be removed only in like manner and on like grounds as a Judge of the Supreme Court. Other Election Commissioners and Regional Commissioners cannot be removed from office except on the recommendation of the Chief Election Commissioner. Thus, the election commissioners (other than CEC) can be removed before the expiry of their term based on the CEC's recommendation, and the CEC can also be removed before term expiry through the prescribed process. Hence, statement 1 is correct. Statement 2: Article 324(5) of the Constitution states that the Chief Election Commissioner shall not be removed from his office except in like manner and on like grounds as a Judge of the Supreme Court. This involves a process of removal by the President on an address by both Houses of Parliament supported by a special majority. Hence, statement 2 is correct. Statement 3: The Constitution does not contain any such provision debarring the retiring election commissioner from any further appointment by the government. This is a matter left to statutory rules or conventions, which may vary. Hence, statement 3 is incorrect.
Consider the following statements regarding Election Commission of India (ECI). 1. The election commissioners can be removed before the expiry of their term. 2. The Chief Election Commissioner can be removed from office only through a process of removal similar to that of a Supreme Court judge. 3. The Constitution has debarred the retiring election commissioner from any further appointment by the government. Which of the above statement/statements is/are correct?
Asked in GPSC Prelims CSP 1 2024 · Topic: Election Commission (Composition, Appointment, Tenure, and Removal of Chief Election Commissioner and Election Commissioners)
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