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Q100 (CDS-I/2002) Polity & Governance › Constitutional & Statutory Bodies › Election Commission of India Answer Verified

In India, the Chief Election Commissioner can be removed from his office in the same manner and on the same grounds as

Result
Your answer: —  Â·  Correct: A
Explanation

According to Article 324(5) of the Indian Constitution, the Chief Election Commissioner (CEC) is provided with security of tenure and cannot be removed from office except in the same manner and on the same grounds as a Judge of the Supreme Court. This process involves a motion passed by both Houses of Parliament with a special majority on the grounds of proved misbehaviour or incapacity. While the Chief Justice of a High Court and the Comptroller and Auditor-General (CAG) are also removed in a similar manner to a Supreme Court Judge [2], the constitutional text specifically benchmarks the CEC's removal process against that of a Supreme Court Judge. In contrast, the Attorney-General of India holds office during the pleasure of the President and does not have such constitutional protection. Therefore, the most direct constitutional parallel for the CEC's removal is a Judge of the Supreme Court.

Sources

  1. [1] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
  2. [2] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 34: High Court > TENURE, REMOVAL AND TRANSFER > p. 355
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