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CONSTITUTIONAL QUESTIONS AND CITIZENS' RIGHTSAn Omnibus Comprising Constitutional Questions in India and Citizens' Rights, Judges and State Accountability$
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A. G. Noorani

Print publication date: 2006

Print ISBN-13: 9780195678291

Published to Oxford Scholarship Online: October 2012

DOI: 10.1093/acprof:oso/9780195678291.001.0001

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Appointing the Chief Election Commissioner 1

Appointing the Chief Election Commissioner 1

(p.173) 21 Appointing the Chief Election Commissioner1

A.G. Noorani

Oxford University Press

Dr B. R. Ambedkar and the drafting committee in October 1948 had provided in the draft constitution an Advisory Board, consisting of 15 MPs elected by Parliament that would advise the President in making certain appointments. This was meant to be a check on the government's unfettered power to appoint persons to high constitutional offices. This provision was dropped a year later. However, an amendment was moved by Dr Ambedkar in June 1949 to make the appointing power subject to law. Clause (2) of Article 324 makes the president's appointment of the Chief Election Commissioner and other election commissioners subject to the provisions of any law made in that behalf by Parliament. A law was enacted only in 1991, and not under Clause (2) but only under Clause (5), the Chief Election Commissioner and other Election Commissioners (Conditions of Service) Act, further amended in 1994.

Keywords:   B. R. Ambedkar, unfettered power, President, constitutional offices, Article 324, Chief Election Commissioner, appointing power

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