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With reference to the Election Commissioners, consider the following statements:
- The power to appoint the CEC and the ECs lies with the President of India under Article 72 of the Constitution of India.
- The Commissioners are appointed for a 6-year period, or up to the age of 65 years, whichever is earlier.
Which of the statements given above is/are correct?
- a)1 only
- b)2 only
- c)Both 1 and 2
- d)Neither 1 nor 2
Correct answer is option 'B'. Can you explain this answer?
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Most Upvoted Answer
With reference to the Election Commissioners, consider the following s...
Statement 1: The power to appoint the CEC and the ECs lies with the President of India under Article 72 of the Constitution of India.
The power to appoint the Chief Election Commissioner (CEC) and the Election Commissioners (ECs) does not lie with the President of India under Article 72 of the Constitution of India. This statement is incorrect.
Statement 2: The Commissioners are appointed for a 6-year period, or up to the age of 65 years, whichever is earlier.
The tenure of the Election Commissioners is not fixed at 6 years or up to the age of 65 years, whichever is earlier. This statement is also incorrect.
Explanation:
The Election Commission of India is an autonomous constitutional authority responsible for the conduct of elections in the country. The appointment and tenure of the Chief Election Commissioner and the Election Commissioners are governed by the provisions of the Constitution of India, specifically Articles 324 and 324A.
Appointment of the CEC and ECs:
The Chief Election Commissioner and the Election Commissioners are appointed by the President of India. However, the President does not have the power to make these appointments under Article 72 of the Constitution. The appointment process is outlined as follows:
1. The CEC and ECs are appointed by the President based on the recommendations made by a collegium consisting of the Prime Minister, the Chief Justice of India, and the Leader of the Opposition in the Lok Sabha or the leader of the largest opposition party in the Lok Sabha.
2. The President can also appoint additional ECs, if necessary, based on the recommendations of the collegium.
3. The appointments are made to ensure the independence and impartiality of the Election Commission.
Tenure of the CEC and ECs:
The tenure of the Chief Election Commissioner and the Election Commissioners is not fixed for a specific period of 6 years or up to the age of 65 years. The Constitution does not prescribe a fixed term for their appointment.
1. The CEC and ECs hold office for a term of 6 years or until they attain the age of 65 years, whichever is earlier. However, they can also resign or be removed from office before the completion of their term.
2. The conditions of service and tenure of the CEC and ECs are determined by the President of India through an order issued under Article 324(5) of the Constitution.
3. The President can remove the CEC and ECs from office on the grounds of proven misbehavior or incapacity, but only after an inquiry conducted by the Supreme Court.
Conclusion:
In conclusion, neither of the given statements is correct. The power to appoint the CEC and the ECs does not lie with the President of India under Article 72 of the Constitution. Additionally, the Commissioners are not appointed for a fixed 6-year period or up to the age of 65 years. The appointment and tenure of the CEC and ECs are governed by specific provisions in the Constitution, ensuring their independence and impartiality.
The power to appoint the Chief Election Commissioner (CEC) and the Election Commissioners (ECs) does not lie with the President of India under Article 72 of the Constitution of India. This statement is incorrect.
Statement 2: The Commissioners are appointed for a 6-year period, or up to the age of 65 years, whichever is earlier.
The tenure of the Election Commissioners is not fixed at 6 years or up to the age of 65 years, whichever is earlier. This statement is also incorrect.
Explanation:
The Election Commission of India is an autonomous constitutional authority responsible for the conduct of elections in the country. The appointment and tenure of the Chief Election Commissioner and the Election Commissioners are governed by the provisions of the Constitution of India, specifically Articles 324 and 324A.
Appointment of the CEC and ECs:
The Chief Election Commissioner and the Election Commissioners are appointed by the President of India. However, the President does not have the power to make these appointments under Article 72 of the Constitution. The appointment process is outlined as follows:
1. The CEC and ECs are appointed by the President based on the recommendations made by a collegium consisting of the Prime Minister, the Chief Justice of India, and the Leader of the Opposition in the Lok Sabha or the leader of the largest opposition party in the Lok Sabha.
2. The President can also appoint additional ECs, if necessary, based on the recommendations of the collegium.
3. The appointments are made to ensure the independence and impartiality of the Election Commission.
Tenure of the CEC and ECs:
The tenure of the Chief Election Commissioner and the Election Commissioners is not fixed for a specific period of 6 years or up to the age of 65 years. The Constitution does not prescribe a fixed term for their appointment.
1. The CEC and ECs hold office for a term of 6 years or until they attain the age of 65 years, whichever is earlier. However, they can also resign or be removed from office before the completion of their term.
2. The conditions of service and tenure of the CEC and ECs are determined by the President of India through an order issued under Article 324(5) of the Constitution.
3. The President can remove the CEC and ECs from office on the grounds of proven misbehavior or incapacity, but only after an inquiry conducted by the Supreme Court.
Conclusion:
In conclusion, neither of the given statements is correct. The power to appoint the CEC and the ECs does not lie with the President of India under Article 72 of the Constitution. Additionally, the Commissioners are not appointed for a fixed 6-year period or up to the age of 65 years. The appointment and tenure of the CEC and ECs are governed by specific provisions in the Constitution, ensuring their independence and impartiality.
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Community Answer
With reference to the Election Commissioners, consider the following s...
Retired Punjab cadre IAS officer Arun Goel recently assumed the office of Election Commissioner (EC), two days after President Droupadi Murmu appointed him to the post.
Appointment of Election Commissioners:
- View of Constitution:
- The power to appoint the CEC and the ECs lies with the President of India under Article 324(2) of the Constitution, which states that “the President shall fix the number of ECs in a manner he sees fit, subject to the provisions of any law made by Parliament”.
- Thus, Article 324(2) left it open for the Parliament to legislate on the issue.
- Procedure:
- But, in the absence of any Parliamentary law governing the appointment issue, the ECs are appointed by the government of the day, without pursuing any consultation process.
- There is no concept of collegium and no involvement of the opposition.
- Tenure: The Commissioners are appointed for a 6-year period, or up to the age of 65 years, whichever is earlier.
- Qualification: There are no prescribed qualifications for their appointment, although convention dictates that only senior (serving or retired) civil servants, of the rank of the Cabinet Secretary or Secretary to the GoI or an equivalent rank, will be appointed.
Hence only statement 2 is correct.
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With reference to the Election Commissioners, consider the following statements: The power to appoint the CEC and the ECs lies with the President of India under Article 72 of the Constitution of India. The Commissioners are appointed for a 6-year period, or up to the age of 65 years, whichever is earlier.Which of the statements given above is/are correct?a)1 onlyb)2 onlyc)Both 1 and 2d)Neither 1 nor 2Correct answer is option 'B'. Can you explain this answer?
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