How is independence of Election Commission guaranteed?
Q. Which of the following is/are true?
1) For removing other Election Commissioners, recommendation of the Chief Election Commissioner is compulsory.
2) The retiring Election Commissioners are eligible for appointment by the government after their tenure is over.- Published on 14 Mar 17
a. Only 1
b. Only 2
c. Both 1 and 2
d. Neither 1 nor 2
ANSWER: Both 1 and 2
Independence of Election Commission -
Following provisions of the Constitution safeguard the independence of the Election Commission -
(a) Chief Election Commissioner has security of tenure.
(b) He/she can only be removed in the same manner as a judge of Supreme Court (impeachment) and on grounds of proved misbehavior or incapacity.
(c) The service conditions of Chief Election Commissioner cannot be varied to his/her disadvantage after his/her appointment.
(d) For removing other election commissioners or regional commissioner, recommendation of the Chief Election Commissioner is compulsory.
- There have been no qualifications provided by the Constitution for determining eligibility of the members of the Election Commission.
- The term of members of Election Commission has not been mentioned in the Constitution.
- The retiring Election Commissioners are eligible for appointment by the government after their tenure is over. This may cast serious doubts over the impartiality of the Election Commissioners.