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Question 49 of 60 · Constitutional & Statutory Bodies
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The Chief Election Commissioner of India is appointed by the:

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Answer: Option B — President of India

Detailed Solution

Under Article 324(2), the Chief Election Commissioner and the other Election Commissioners are appointed by the President.

Selection process:

For many years, the President made these appointments on the advice of the Union Council of Ministers.

In the Anoop Baranwal case (March 2023), the Supreme Court directed that, until Parliament made a law, the appointments should be made on the advice of a committee of the Prime Minister, the Leader of the Opposition and the Chief Justice of India.

Parliament then passed the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

Under this Act, a Selection Committee consisting of the Prime Minister, the Leader of the Opposition in the Lok Sabha and a Union Cabinet Minister nominated by the Prime Minister recommends names to the President.

A Search Committee headed by the Law Minister prepares a panel of names.

Removal:

  • The Chief Election Commissioner can be removed only in the same manner and on the same grounds as a judge of the Supreme Court.
  • The other Election Commissioners can be removed by the President on the recommendation of the Chief Election Commissioner.

Independence of the Election Commission:

  • The conditions of service of the Chief Election Commissioner cannot be varied to his disadvantage after appointment.
  • The Election Commission is a permanent and independent constitutional body.

Functions:

  • Superintendence, direction and control of elections to Parliament, state legislatures and the offices of President and Vice-President.
  • Preparing electoral rolls, recognising political parties and allotting symbols.
  • Enforcing the Model Code of Conduct.

Composition:

Since the early 1990s, the Commission has had a Chief Election Commissioner and two Election Commissioners.

Important Chief Election Commissioners:

Sukumar Sen was the first Chief Election Commissioner.

T.N. Seshan was known for strict enforcement of election laws.

Why not the other options?

  • ✗The Prime Minister heads the Selection Committee but does not appoint.
  • ✗The Chief Justice of India is not part of the committee under the 2023 Act.
  • ✗Parliament makes the law but does not appoint.

Quick tip

Remember: CEC and ECs = appointed by the President (Article 324(2)), now on the recommendation of a PM-led Selection Committee (2023 Act).

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Constitutional & Statutory Bodies — Preparation

This question tests your understanding of Constitutional & Statutory Bodies, a key topic in the General Knowledge section. The detailed solution above uses a step-by-step approach to show the reasoning, and where available, a shortcut that helps you solve similar questions in under 90 seconds during the actual exam.

This topic covers bodies set up under the Constitution, such as the Election Commission, UPSC, Finance Commission, Comptroller and Auditor General and the national commissions for Scheduled Castes and Scheduled Tribes, and statutory or executive bodies such as NITI Aayog, the NHRC, the CVC, the CBI and Lokpal. Questions often ask whether a body is constitutional or not, which article creates it, who appoints its head and for how long. For example, the CAG is appointed under Article 148, the Finance Commission under Article 280, and NITI Aayog replaced the Planning Commission in 2015 by an executive resolution. Practise the constitutional and statutory bodies questions below, written in the style of the general awareness sections of exams such as SSC, banking, railways, CUET GAT, MAH CET and CLAT. Each question comes with a detailed explanation that adds related facts, so every question helps you revise more than one point.

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