Question

Q. Which of the following constitutional authorities in India are provided “Security of tenure” in their offices?

Select the correct answer using the code given below:

• A.
  1, 3 and 4 only
• B.
  3 and 4 only
• C.
  1, 2 and 5 only
• D.
  1, 2, 3, 4 and 5

Answer 1

The correct option is B

3 and 4 only
Explanation:

Statement 1 is incorrect: The Chief election commissioner is provided with the security of tenure. He cannot be removed from his office except in the same manner and on the same grounds as a judge of the Supreme Court. Thus, he does not hold his office till the pleasure of the president, though he is appointed by him. But any other election commissioner or a regional commissioner can be removed from office on the recommendation of the chief election commissioner. Hence, they are not provided the security of tenure.

Statement 2 is incorrect: The Attorney General (AG) is appointed by the president. The term of office of the AG is not fixed by the Constitution. Further, the Constitution does not contain the procedure and grounds for his removal. He holds office during the pleasure of the president. This means that he may be removed by the president at any time.

Statement 3 is correct: The Comptroller and Auditor General (CAG) holds office for a period of six years or upto the age of 65 years, whichever is earlier. He can be removed by the president on the same grounds and in the same manner as a judge of the Supreme Court. Thus, he is provided with the security of tenure by the Constitution.

Statement 4 is correct: The chairman or a member of the UPSC can be removed from office by the president only in the manner and on the grounds mentioned in the Constitution. Therefore, they enjoy security of tenure.

Statement 5 is incorrect: The Constitution does not specify the qualifications, tenure, salaries and allowances, service conditions and procedure for removal of the Special Officer for Linguistic Minorities. Hence there is no security of tenure for him.