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Doubt Election Commission

Topic created · 5 Posts · 210 Views
  • Laxmikanth page 42.4 mentions in the 2nd point of the flaws of EC that the constitution has not specified the term of the members of the EC. Is he talking about the various secretaries in the EC because commissioners have a term of 6 years.

  • The Constitution has provided security of tenure only for CEC. And provisions for other election commissioner is decided by the President (though I will have to check about the President)

  • @Groot but the book says 'They' hold the office for a term of 6 years so I think it is about CEC as well as the other 2 ECs.

  • @mo_cuishle Constitution doesn't define the tenure of either CEC or the election commissioners. Conditions of service and tenure are determined by the President.

    Moreover, as per the constitution, CEC can't be removed unless the Parliament passes a resolution to that effect, similar to the removal of a SC judge. But, other election commisioners can be removed by the President if the CEC so recommends.

    That's why there's no security of tenure for the election commissioners.

  • @GaryVee totally agree with you, just looked at the Article 324(2). It says-
    "The Election Commission shall consist of the Chief Election Commissioner and such number of other Election Commissioners, if any, as the President may from time to time fix and the appointment of the Chief Election Commissioner and other Election Commissioners shall, subject to the provisions of any law made in that behalf by Parliament, be made by the President."

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