Which one of the following statements is NOT correct?

Question

UnlockIAS · Accepted Answer

Correct — A is the statement that is NOT correct. Under the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991, if the Chief Election Commissioner and other Election Commissioners differ in opinion on any matter, the matter is decided by the majority opinion of the Commission — the Law Commission has no role in this process at all.

Why the other options are wrong — (b) This is a true, constitutionally correct statement — under the proviso to Article 324(5), an Election Commissioner can be removed only on the CEC's recommendation — so it is not the incorrect statement being asked for.  (c) This is also true — in the functioning of the multi-member Election Commission, the CEC and the other Election Commissioners have equal say in decisions, so this statement is correct and not the answer.  (d) This correctly states the statutory tenure rule, so it is a true statement, not the incorrect one being asked for.

Concept: Article 324 vests the 'superintendence, direction and control of elections' in the Election Commission of India, a multi-member body (the CEC plus other Election Commissioners, as the President may fix). Their service conditions — salary, term, removal, and how disagreements are resolved — are laid out mainly in the Election Commission (Conditions of Service of Election Commissioners and Transaction of Business) Act, 1991.

State PCS 2024 Q12 — Indian Polity PYQ with Answer

State PCS 2024 Q12 — Indian Polity PYQ with Answer