JAGTIV · Previous Year Questions

UPPSC

POLITY · 2014

Previous Year Question

The Election Commissioner can be removed by the

A.

Chief Election Commissioner

B.

Prime Minister

C.

President on the recommendation of the Chief Election Commissioner

D.

Chief Justice of India

Correct Answer: C

Detailed Solution

Option (c) is correct. Under Article 324(5) of the Constitution, an Election Commissioner other than the Chief Election Commissioner, or a Regional Commissioner, cannot be removed from office except on the recommendation of the Chief Election Commissioner. The removal is effected by the President under this constitutional arrangement.

An important distinction exists between the removal protections of the Chief Election Commissioner and other Election Commissioners. The Chief Election Commissioner can be removed only in the same manner and on the same grounds as a Judge of the Supreme Court. In contrast, removal of another Election Commissioner requires the recommendation of the CEC.

This provision acts as a constitutional safeguard for the institutional independence of the Election Commission. An Election Commissioner cannot simply be removed at the unrestricted discretion of the executive; the CEC's recommendation is constitutionally required.

Thus—

CEC → Removal process like a Supreme Court Judge
Other Election Commissioner → President, on recommendation of CEC

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