Indian Polity : Constitutional & Non-Constitutional Bodies

Q 38 / 42

UPSC CSE Prelims 2002

Consider the following statements with reference to India:

  1. The Chief Election Commission and other Election Commissioners enjoy equal powers but receive unequal salaries
  2. The Chief Election Commissioner is entitled to the same salary as is provided to a judge of the Supreme Court.
  3. The Chief Election Commissioner shall not be removed from his office except in like manner and on like grounds as a judge of the Supreme Court
  4. The term of office of the Election Commissioner is five years from the date he assumes his office or till the day he attains the age of 62 years, whichever is earlier

Which of these statements are correct?

EXPLANATION

Correct Option (b):

  • Statement 2 is correct. The Chief Election Commissioner is entitled to a salary, allowances, and other conditions of service which are equivalent to those of a judge of the Supreme Court. This is stipulated under the Chief Election Commissioner and Other Election Commissioners (Conditions of Service) Act, 1991.
  • Statement 3 is correct. The Chief Election Commissioner can only be removed from office in the same manner and on the same grounds as a judge of the Supreme Court. This process involves a resolution passed by both Houses of Parliament with a special majority, on grounds of proved misbehaviour or incapacity, as per Article 324(5) of the Constitution.

Incorrect Options:

  • Statement 1 is incorrect. The Chief Election Commissioner (CEC) and other Election Commissioners (ECs) enjoy equal powers and receive the same salary, allowances, and other conditions of service, which are equivalent to those of a judge of the Supreme Court. Decisions of the Election Commission are taken by majority vote.
  • Statement 4 is incorrect. The term of office for the Chief Election Commissioner and other Election Commissioners is six years from the date they assume office or until they attain the age of 65 years, whichever is earlier.
SOURCEIndian Polity by M. Laxmikanth, Chapter 45: Election Commission