Question 55 of 60 · Constitutional & Statutory Bodies
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The term of office of the Chief Election Commissioner and the Election Commissioners is:

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Answer: Option B — Six years or until the age of 65 years, whichever is earlier

Detailed Solution

The Chief Election Commissioner and the Election Commissioners hold office for a term of six years, or until they attain the age of 65 years, whichever is earlier.

Legal basis:

  • The Constitution (Article 324) leaves the conditions of service and tenure of the Election Commissioners to be determined by the President, subject to any law made by Parliament.
  • The term was fixed earlier by the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.
  • It is now provided by the Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service and Term of Office) Act, 2023.

No reappointment:

  • Under the 2023 Act, a person who has been Chief Election Commissioner or Election Commissioner is not eligible for reappointment.
  • If an Election Commissioner is appointed as Chief Election Commissioner, his total term cannot exceed six years.

Removal:

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

Resignation:

They can resign at any time by writing to the President.

Salaries:

The salary and allowances are equal to those of a judge of the Supreme Court, under the 2023 Act.

Decision-making:

The Chief Election Commissioner and the Election Commissioners have equal powers, and decisions are taken by majority.

Composition:

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

Comparison with other constitutional bodies:

  • The Comptroller and Auditor General also holds office for six years or until 65 years of age.
  • UPSC members hold office for six years or until 65 years of age.

Why not the other options?

  • ✗Five years, four years and an age of 70 are not the tenure of Election Commissioners.

Quick tip

Remember: CEC and Election Commissioners = 6 years or 65 years of age, whichever is earlier.

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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.