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Q62 (CAPF/2024) Polity & Governance › Constitutional & Statutory Bodies › Election Commission of India

Which of the following statements with regard to the Anoop Barenwal v. Union of India (2023) case is/are correct? 1. The case was heard by a Constitu- tional Bench 2. According to the judgment, the grounds for removal of Election Commissioners shall be the same as the Chief Justice of India Select the answer using the code given below:

Result
Your answer: —  Â·  Correct: A
Explanation

The Anoop Baranwal v. Union of India (2023) case was indeed heard by a five-judge Constitution Bench of the Supreme Court. The judgment primarily addressed the appointment process of the Chief Election Commissioner (CEC) and Election Commissioners (ECs), directing that they be appointed by the President on the advice of a committee comprising the Prime Minister, the Leader of the Opposition, and the Chief Justice of India [1]. Regarding removal, the Court observed the existing constitutional disparity: while the CEC can only be removed in the same manner as a Supreme Court Judge (not the Chief Justice of India specifically, though the process is identical), other ECs can be removed by the President on the recommendation of the CEC. The Court suggested that ECs should have the same protection as the CEC to ensure independence, but it did not legally equate their removal grounds to the Chief Justice of India in the final binding directions.

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 43: Election Commission > INDEPENDENCE > p. 420
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