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Difficulty: MediumConstitutional Bodies: Election Commission, UPSC, SPSC, CAG, and Finance Commission

Under Article 324 of the Constitution of India, an Election Commissioner or a Regional Commissioner can be removed from office ONLY on the recommendation of which of the following constitutional authorities?

  1. The Chief Election CommissionerAnswer
  2. B
    The President of India acting independently
  3. C
    The Supreme Court of India following a judicial inquiry
  4. D
    The Parliament of India through a special majority

Answer

The Chief Election Commissioner
Under the second proviso to Article 324(5) of the Constitution of India, an Election Commissioner or a Regional Commissioner cannot be removed from office except on the recommendation of the Chief Election Commissioner. This specific requirement safeguards non-chief election commissioners from arbitrary removal by the executive branch.

Step-by-Step Solution

1
Identify the constitutional provisions governing the removal procedure of Election Commissioners and Regional Commissioners.
Article 324(5) of the Constitution outlines the conditions of service and tenure safeguards for members of the Election Commission of India.
Constitutional safeguards ensure institutional independence while maintaining structural hierarchy within the commission.
2
Analyze the proviso to Article 324(5) regarding non-chief commissioners.
The second proviso to Article 324(5) mandates that any other Election Commissioner or Regional Commissioner shall not be removed from office except on the recommendation of the Chief Election Commissioner.
This provision prevents executive overreach and protects non-chief commissioners from arbitrary dismissal while preserving administrative cohesion.

Key Concept

Removal safeguards and procedural conditions for Election Commissioners under Article 324
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Topics

Constitutional Bodies: Election Commission, UPSC, SPSC, CAG, and Finance Commission

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