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
Statement 1 is incorrect: The Chief Election Commissioner (CEC) and other Election Commissioners (ECs) have equal powers and responsibilities within the Election Commission of India. They receive equal salaries as well and there is no disparity in salaries between the Chief Election Commissioner and the other Election Commissioners.
Statement 2 is correct: The Chief Election Commissioner is entitled to the same salary as is provided to a judge of the Supreme Court. Note: This fact was correct in accordance to the year in which it was asked. As per latest amendments in the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023, the salary of the Chief Election Commissioner (CEC) and Election Commissioners (ECs) is now equivalent to that of the Cabinet Secretary.
Statement 3 is correct: The removal process for the Chief Election Commissioner mirrors that of a Supreme Court judge. This safeguards the CEC’s independence and ensures impartiality in their role. While an EC can be removed on the CEC’s recommendation.
Statement 4 is incorrect: An Election Commissioner serves a term of six years or until they reach the age of 65, whichever comes earlier. This discrepancy makes the statement incorrect.
As per The Chief Election Commissioner And Other Election Commissioners (Appointment, Conditions of Service And Term of Office) Act, 2023 Qualifications: The Chief Election Commissioner and other Election Commissioners shall be appointed from amongst persons who are holding or have held a post equivalent to the rank of Secretary to the Government of India and shall be persons of integrity, who have knowledge of and experience in management and conduct of elections. The Chief Election Commissioner and other Election Commissioners shall not be eligible for re-appointment. Where an Election Commissioner is appointed as Chief Election Commissioner, his term of office shall not be more than six years in aggregate as the Election Commissioner and the Chief Election Commissioner. Selection Committee: It consists of Prime Minister (Chairperson), leader of Opposition in House of People and Union Cabinet minister (nominated by Prime Minister) Search Committee: A Search Committee headed by the Minister of Law and Justice and comprising two other members not below the rank of Secretary to the Government of India, shall prepare a panel of five persons for consideration of the Selection Committee. Salary: The Chief Election Commissioner and other Election Commissioners shall be paid a salary which is equal to the salary of a Judge of the Supreme Court.