Correct Option
The correct option isSecurity of tenure and institutional autonomy of the Chief Election Commissioner
Explanation
Article 324 of the Constitution of India establishes the Election Commission as an independent constitutional authority. To ensure free and fair elections, the Constitution provides specific safeguards to protect the independence of the Chief Election Commissioner (CEC) from executive interference.
Option Analysis
- The Chief Election Commissioner is appointed by the Chief Justice of India. is Incorrect: The Chief Election Commissioner is appointed by the President of India, not by the Chief Justice of India. While recent Supreme Court judgments and subsequent legislation have modified the selection committee process, the formal appointment remains with the President.
- Disciplinary authority of the Election Commission over the executive is Incorrect: While the Election Commission exercises disciplinary control over civil servants deputed for election duty, this is a functional power derived from the Representation of the People Act and Article 324. It is not the primary constitutional provision that equates the Commission's independence with that of the Judiciary.
- Security of tenure and institutional autonomy of the Chief Election Commissioner is Correct: Article 324(5) explicitly states that the Chief Election Commissioner shall not be removed from his office except in like manner and on the like grounds as a Judge of the Supreme Court. This provision grants the CEC security of tenure, ensuring they cannot be removed at the pleasure of the President, thereby securing independence similar to that of the higher judiciary.
- The Election Commission has the power to draft electoral laws. is Incorrect: The power to enact laws relating to elections is vested in the Parliament (Article 327) and State Legislatures (Article 328). The Election Commission administers these laws and conducts elections but does not have the legislative power to draft electoral laws.
Key Takeaway
The independence of the Chief Election Commissioner is constitutionally secured primarily through security of tenure, as their removal requires a special majority in Parliament and grounds of proven misbehavior or incapacity, identical to the removal process of a Supreme Court Judge.