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Law · Q1

Constitution Of India

Graduate and Post Graduate · Law · question 1

Q1

Chief Election Commissioner of India may be removed by

A.
Resolution of cabinet by two third majority
B.
Resolution of both houses
Answer
C.
On recommendation of Chief Justice of India
D.
None of these

Answer: Option B

Solution

Answer: Option B
Solution:
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.