Article 324 of the Constitution has made which of the following provis...
Only the chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court. In other words, Chief Election Commissioner can be removed from his office by Parliament with special majority in Lok Sabha and Rajya Sabha on the grounds of proved misbehaviour or incapacity. Other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.
Though the constitution has sought to safeguard and ensure the independence and impartiality of the Election Commission, some flaws with respect to the members of the EC can be noted, viz.,
1. The Constitution has not prescribed the qualifications (legal, educational, administrative or judicial) of the members of the Election Commission.
2. The Constitution has not specified the term of the members of the Election Commission (the term of the Chief EC has been prescribed though).
3. The Constitution has not debarred the retiring election commissioners from any further appointment by the government.
Article 324 of the Constitution has made which of the following provis...
Article 324 of the Constitution of India is an important provision that safeguards and ensures the independent and impartial functioning of the Election Commission. However, neither option 1 nor option 2 is correct in this case.
Explanation:
Option 1: The election commissioners are provided with the security of tenure because their term is fixed as provided in the constitution.
This option is not correct because the Constitution of India does not provide for a fixed term for the Election Commissioners. Instead, the Constitution only specifies that the Chief Election Commissioner (CEC) and the Election Commissioners (ECs) shall hold office for a term of six years or until they attain the age of 65 years, whichever is earlier. Therefore, the security of tenure is not provided by a fixed term, but by the constitutional provisions regarding removal and conditions of service of the Election Commissioners.
Option 2: The Constitution has prescribed the qualifications for appointment to the office of the Election Commission.
This option is also not correct because the Constitution of India does not prescribe specific qualifications for appointment to the office of the Election Commission. However, it does provide that the CEC and the ECs shall be appointed by the President of India, after consultation with such persons as he thinks fit. The appointments are also subject to the approval of the majority of the members of the Lok Sabha and the Rajya Sabha. Therefore, the appointment process itself ensures that only persons with appropriate qualifications and experience are appointed to the office of the Election Commission.
Conclusion:
Neither option 1 nor option 2 is correct. Therefore, the correct answer is option D, i.e., None.