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Q67 (IAS/2002) Polity & Governance › Constitutional & Statutory Bodies › Election Commission of India Answer Verified

Consider the following statements with reference to India: 1. The Chief Election Commissioner and other Election Commissioners enjoy equal powers but receive unequal salaries 2. The Chief Election Commissioner is entitled to the same salary as in provided to a judge of the Supreme Court 3. 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 4. The term of office of the Election Commissioner is five years from the date he assumes his office or till the day he attains the age of 62 years, whichever is earlier Which of these statements are correct?

Result
Your answer: —  Â·  Correct: B
Explanation

Statement 1 is incorrect: the Chief Election Commissioner (CEC) and the other Election Commissioners have equal powers and, under statutory rules, receive equal salary and allowances comparable to a Supreme Court judge [1]. Statement 2 is correct: the CEC’s salary is on par with a Supreme Court judge as provided by the service rules/Acts governing Election Commissioners [2]. Statement 3 is correct: the Constitution (Article 324) explicitly provides that the CEC cannot be removed except in like manner and on like grounds as a Supreme Court judge [3]. Statement 4 is incorrect: statutory provisions (post-1991) fix tenure/retirement differently (not a simple five-year term; the 1991 Act and subsequent provisions set a six-year/age-based regime for Commissioners). Therefore, options 2 and 3 are correct (Option 2).

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 43: Election Commission > COMPOSITION > p. 420
  2. [2] https://www.indiacode.nic.in/bitstream/123456789/19721/1/a2023-49.pdf
  3. [3] https://www.mea.gov.in/Images/pdf1/Part15.pdf
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