JAGTIV · Previous Year Questions

UPPSC

POLITY · 2012

Previous Year Question

What is the tenure of the Chief Election Commissioner of India?

A.

Five Years

B.

During the pleasure of the President

C.

Six years or till the age of 65 years whichever is earlier

D.

Five years or till the age of 65 years whichever is earlier

Correct Answer: C

Detailed Solution

The tenure of the Chief Election Commissioner is six years or until the age of 65 years, whichever is earlier. When this question was asked in 2012, this rule operated under the relevant 1991 Act. If a Chief Election Commissioner attained the age of 65 before completing six years, he had to demit office on attaining that age.

This rule continues under the current law as well. Under Section 9(1) of the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023, the CEC and other Election Commissioners hold office for six years from assuming office or until attaining 65 years of age, whichever is earlier.

The current law also provides that the CEC or an Election Commissioner is not eligible for re-appointment. If an Election Commissioner is subsequently appointed as Chief Election Commissioner, his combined tenure as EC and CEC cannot exceed six years.

Therefore, option (b) is also incorrect. The CEC does not hold office simply during the pleasure of the President in the manner of an ordinary executive office; the office enjoys constitutional safeguards concerning removal.

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