Question

Consider the following statements about the State Election Commission:

1. The State Election Commissioner is appointed by the Governor and has a term of 5 years or until the age of 65, whichever is earlier.

2. The State Election Commission has the same autonomy as the Election Commission of India.

3. The State Election Commissioner can be removed in the same manner as a High Court Judge.

Which of the statements given above is/are correct?

• A. 1 and 2 only
• B. 1 and 3 only
• C. 2 and 3 only
• D. All of the above

Answer 1

Answer:

D. All of the above

State Election Commission (SEC)

• The State Election Commission (SEC) is a constitutional body established to ensure free, fair, and impartial elections to local self-government bodies, namely Panchayats and Municipalities.

• It was established by the 73rd and 74th Constitutional Amendment Acts of 1992, which added Part IX (Panchayats) and Part IXA (Municipalities) to the Constitution.

Key Provisions regarding the State Election Commissioner:

• Appointment Authority: According to Article 243K(1) (for Panchayats) and Article 243ZA(1) (for Municipalities), the Governor of the respective state appoints the State Election Commissioner (SEC).

• Term of Office: The Constitution does not specify the exact term of office for the State Election Commissioner. Instead, Article 243K(2) states that the conditions of service and tenure shall be such as the Governor may by rule determine, subject to any law made by the State Legislature. However, in practice, many state laws or rules stipulate a term of 5 years or until the age of 65 years, whichever is earlier, aligning with the general pattern for independent constitutional bodies.

• Removal Process: The State Election Commissioner enjoys significant security of tenure. Article 243K(2) explicitly states that the SEC shall not be removed from his office except in like manner and on the like grounds as a Judge of a High Court. This means removal requires a special majority vote by both Houses of the State Legislature, followed by an order from the President, on grounds of proven misbehavior or incapacity. This is a rigorous process, safeguarding the independence of the office.

• Autonomy and Independence: The State Election Commission is designed to have a high degree of autonomy, similar to the Election Commission of India (ECI), in its specified domain. Article 243K(1) vests the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to the Panchayats in the SEC. This provision, coupled with the difficult removal process and the guarantee that conditions of service cannot be varied to the disadvantage of the Commissioner after appointment, ensures its independence from the state executive.

• Distinction from Election Commission of India (ECI): While autonomous, the SEC's jurisdiction is limited to elections for Panchayats and Municipalities. The Election Commission of India (under Article 324) is responsible for elections to the Parliament, State Legislatures, the offices of President, and Vice-President.