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What kind of procedure should be followed to remove the Chief Election Commissioner?
- a)As it is followed to remove the Chief Justice of High Court
- b)As it is followed to remove the Judge of the Supreme Court
- c)By passing a resolution in the Lok Sabha only
- d)None of the above
Correct answer is option 'B'. Can you explain this answer?
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What kind of procedure should be followed to remove the Chief Election...
As it is followed to remove the Judge of the Supreme Court.
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What kind of procedure should be followed to remove the Chief Election...
Procedure to remove the Chief Election Commissioner:
The correct answer is option B, which states that the procedure to remove the Chief Election Commissioner is followed in a similar manner as it is followed to remove a Judge of the Supreme Court. Let's understand the procedure in detail:
1. Appointment of the Chief Election Commissioner:
The Chief Election Commissioner is appointed by the President of India. The appointment is made in consultation with the Prime Minister and the Leader of Opposition in the Lok Sabha or the leader of the largest opposition party in case there is no recognized Leader of Opposition.
2. Tenure of the Chief Election Commissioner:
The Chief Election Commissioner holds office for a term of six years or until the age of 65, whichever is earlier. However, the Chief Election Commissioner can be removed from office before the completion of the term through the process of impeachment.
3. Removal of the Chief Election Commissioner:
The procedure for the removal of the Chief Election Commissioner is governed by Article 124(4) of the Constitution of India, which deals with the removal of Judges of the Supreme Court. The same procedure is followed to remove the Chief Election Commissioner.
4. Role of Parliament:
The removal process begins with the initiation of an impeachment motion against the Chief Election Commissioner in either the Lok Sabha or the Rajya Sabha. The motion, which must be signed by at least 100 members (in case of Lok Sabha) or 50 members (in case of Rajya Sabha), is then presented to the Speaker/Chairman.
5. Formation of Inquiry Committee:
Once the motion is admitted by the Speaker/Chairman, an inquiry committee is formed to investigate the charges against the Chief Election Commissioner. The committee consists of three members - the Chief Justice of India or a Judge of the Supreme Court nominated by the Chief Justice, the Chief Election Commissioner, and a Judge of the High Court nominated by the Chief Justice of India.
6. Committee's Report:
The committee conducts an investigation and submits its report to the Speaker/Chairman. The report contains findings of the inquiry committee regarding the charges leveled against the Chief Election Commissioner.
7. Approval by Parliament:
After receiving the committee's report, the impeachment motion is put to vote in the Parliament. A special majority is required for the motion to be passed, i.e., a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting.
8. Removal by the President:
If the motion is passed by both Houses of Parliament, it is presented to the President for removal of the Chief Election Commissioner. The President then issues an order for the removal of the Chief Election Commissioner.
Therefore, the correct procedure to remove the Chief Election Commissioner is followed in a manner similar to the removal of a Judge of the Supreme Court, as mentioned in option B.
The correct answer is option B, which states that the procedure to remove the Chief Election Commissioner is followed in a similar manner as it is followed to remove a Judge of the Supreme Court. Let's understand the procedure in detail:
1. Appointment of the Chief Election Commissioner:
The Chief Election Commissioner is appointed by the President of India. The appointment is made in consultation with the Prime Minister and the Leader of Opposition in the Lok Sabha or the leader of the largest opposition party in case there is no recognized Leader of Opposition.
2. Tenure of the Chief Election Commissioner:
The Chief Election Commissioner holds office for a term of six years or until the age of 65, whichever is earlier. However, the Chief Election Commissioner can be removed from office before the completion of the term through the process of impeachment.
3. Removal of the Chief Election Commissioner:
The procedure for the removal of the Chief Election Commissioner is governed by Article 124(4) of the Constitution of India, which deals with the removal of Judges of the Supreme Court. The same procedure is followed to remove the Chief Election Commissioner.
4. Role of Parliament:
The removal process begins with the initiation of an impeachment motion against the Chief Election Commissioner in either the Lok Sabha or the Rajya Sabha. The motion, which must be signed by at least 100 members (in case of Lok Sabha) or 50 members (in case of Rajya Sabha), is then presented to the Speaker/Chairman.
5. Formation of Inquiry Committee:
Once the motion is admitted by the Speaker/Chairman, an inquiry committee is formed to investigate the charges against the Chief Election Commissioner. The committee consists of three members - the Chief Justice of India or a Judge of the Supreme Court nominated by the Chief Justice, the Chief Election Commissioner, and a Judge of the High Court nominated by the Chief Justice of India.
6. Committee's Report:
The committee conducts an investigation and submits its report to the Speaker/Chairman. The report contains findings of the inquiry committee regarding the charges leveled against the Chief Election Commissioner.
7. Approval by Parliament:
After receiving the committee's report, the impeachment motion is put to vote in the Parliament. A special majority is required for the motion to be passed, i.e., a majority of the total membership of the House and a majority of not less than two-thirds of the members present and voting.
8. Removal by the President:
If the motion is passed by both Houses of Parliament, it is presented to the President for removal of the Chief Election Commissioner. The President then issues an order for the removal of the Chief Election Commissioner.
Therefore, the correct procedure to remove the Chief Election Commissioner is followed in a manner similar to the removal of a Judge of the Supreme Court, as mentioned in option B.
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What kind of procedure should be followed to remove the Chief Election Commissioner?a)As it is followed to remove the Chief Justice of High Courtb)As it is followed to remove the Judge of the Supreme Courtc)By passing a resolution in the Lok Sabha onlyd)None of the aboveCorrect answer is option 'B'. Can you explain this answer?
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What kind of procedure should be followed to remove the Chief Election Commissioner?a)As it is followed to remove the Chief Justice of High Courtb)As it is followed to remove the Judge of the Supreme Courtc)By passing a resolution in the Lok Sabha onlyd)None of the aboveCorrect answer is option 'B'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about What kind of procedure should be followed to remove the Chief Election Commissioner?a)As it is followed to remove the Chief Justice of High Courtb)As it is followed to remove the Judge of the Supreme Courtc)By passing a resolution in the Lok Sabha onlyd)None of the aboveCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for What kind of procedure should be followed to remove the Chief Election Commissioner?a)As it is followed to remove the Chief Justice of High Courtb)As it is followed to remove the Judge of the Supreme Courtc)By passing a resolution in the Lok Sabha onlyd)None of the aboveCorrect answer is option 'B'. Can you explain this answer?.
What kind of procedure should be followed to remove the Chief Election Commissioner?a)As it is followed to remove the Chief Justice of High Courtb)As it is followed to remove the Judge of the Supreme Courtc)By passing a resolution in the Lok Sabha onlyd)None of the aboveCorrect answer is option 'B'. Can you explain this answer? for UPSC 2025 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about What kind of procedure should be followed to remove the Chief Election Commissioner?a)As it is followed to remove the Chief Justice of High Courtb)As it is followed to remove the Judge of the Supreme Courtc)By passing a resolution in the Lok Sabha onlyd)None of the aboveCorrect answer is option 'B'. Can you explain this answer? covers all topics & solutions for UPSC 2025 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for What kind of procedure should be followed to remove the Chief Election Commissioner?a)As it is followed to remove the Chief Justice of High Courtb)As it is followed to remove the Judge of the Supreme Courtc)By passing a resolution in the Lok Sabha onlyd)None of the aboveCorrect answer is option 'B'. Can you explain this answer?.
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