Question map
An Election Commissioner can be removed from office on the recommendation of
Explanation
Under Article 324(5) of the Constitution of India, while the Chief Election Commissioner (CEC) enjoys security of tenure similar to a Supreme Court Judge, other Election Commissioners do not have the same level of protection [2]. The Constitution explicitly states that any other Election Commissioner or a Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner [4]. This provision is intended to safeguard the independence of the Election Commission from executive interference while maintaining the primacy of the CEC within the multi-member body [1]. Although the President is the formal appointing and removing authority, the President can only exercise the power of removal for an Election Commissioner upon receiving a specific recommendation from the CEC [4]. This distinction ensures that the CEC can maintain discipline and functional integrity within the commission [3].
Sources
- [2] https://www.mea.gov.in/Images/pdf1/Part15.pdf
- [3] Indian Constitution at Work, Political Science Class XI (NCERT 2025 ed.) > Chapter 3: ELECTION AND REPRESENTATION > Special majority > p. 70
- [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 31: ELECTIONS > INTRODUCTION TO THE CONSTITUTION OF INDIA [CHAPTER 31 > p. 450
- [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 43: Election Commission > INDEPENDENCE > p. 420