Examveda

Chief Election Commissioner of India may be removed by

A. Resolution of cabinet by two third majority

B. Resolution of both houses

C. On recommendation of Chief Justice of India

D. None of these

Answer: Option B

Solution (By Examveda Team)

The Chief Election Commissioner (CEC) of India is the head of the Election Commission of India and is responsible for conducting free and fair elections in the country. The process for the removal of the Chief Election Commissioner is outlined in the Constitution of India.

Removal Process:
- The Chief Election Commissioner enjoys security of tenure similar to that of a Supreme Court judge.
- As per Article 324(5) of the Constitution, the CEC can only be removed in the same manner as a Supreme Court judge.
- This means the removal must be carried out through a resolution passed by both Houses of Parliament with a special majority on the grounds of proved misbehavior or incapacity.
- The President of India acts upon this resolution for the final removal.

Why are other options incorrect?
- Option A: Resolution of cabinet by two third majority – Incorrect, as the removal of the CEC does not involve the Cabinet but requires parliamentary approval.
- Option C: On recommendation of Chief Justice of India – Incorrect, as the Chief Justice of India has no role in the removal process.
- Option D: None of these – Incorrect, because Option B correctly states the removal process.

Thus, the correct answer is Option B: Resolution of both houses.

This Question Belongs to Law >> Constitution Of India

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Comments (3)

  1. Ann Shibu
    Ann Shibu:
    1 year ago

    the president is removed by impeachment requiring two third majority of the Lok Sabha and the Rajya Sabha to be present and voting for the same.

  2. Divakar
    Divakar :
    1 year ago

    similar to the removal of a judge of the Supreme Court of India which requires a resolution passed by the Parliament of India a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehaviour or incapacity.

  3. Mohd Umar
    Mohd Umar:
    2 years ago

    similar to the removal of a judge of the Supreme Court of India which requires a resolution passed by the Parliament of India a two-thirds majority in both the Lok Sabha and the Rajya Sabha on the grounds of proved misbehaviour or incapacity.

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