UPPSC PCS - 2014
The Election Commissioner can be removed by the :
Year Asked: 2014
Correct Answer
C. President on the recommendation of the chief Election Commissioner
Detailed Explanation
Option C is correct. Article 324(5) sets out the removal rules. The Chief Election Commissioner can be removed only in the manner and on the grounds applicable to a Supreme Court judge, through a parliamentary address. Any other Election Commissioner or Regional Commissioner can be removed by the President, but only on the recommendation of the CEC.
Why the others fail:
- A: The CEC only recommends. He cannot remove the other ECs on his own authority, and he is himself protected by the judge-like procedure.
- B: The Prime Minister has no role in removal. The executive's influence is confined to appointment.
- D: The CJI has no constitutional role in removing an Election Commissioner.
Core concept: security of tenure, which protects the Election Commission's independence from the government of the day. Mains angle (GS-II): how constitutional safeguards sustain institutional autonomy, and why that matters for free and fair elections.
The Chief Election Commissioner and Other Election Commissioners Act, 2023 deals with appointment and service conditions, but the removal protection in Article 324(5) is unchanged.
Trap: Candidates often mix up the CEC's protection with that of the other ECs, or assume the President acts on his own. For the other ECs, the President acts only on the CEC's recommendation.
This question appeared in UPPCS 2014 GS Paper 1.
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