Consider the following statements:

1. The Constitution of India only mentions the office of the Chief Election Commissioner (CEC) and not the Election Commissioners (EC).

2. The CEC has overriding powers while deciding upon any matter or issue.

3. Both CEC and ECs enjoy the security of tenure.

Which of the statements given above is/are incorrect? 

Solution

Article 324 of the Indian Constitution provides for the appointment of the Chief Election Commissioner and Election Commissioners. The CEC and ECs are appointed by the President of India. The decisions of the ECI are taken collectively and require a majority opinion. The CEC does not have absolute veto power and decisions are taken by consensus or majority opinion. While the Chief Election Commissioner (CEC) enjoys a fixed tenure of six years or until the age of 65, whichever is earlier, the Election Commissioners (ECs) do not have a fixed tenure. The Election Commissioners can be removed by the President of India on the recommendation of the Chief Election Commissioner.