Question

Consider the following statements regarding the State Election Commission:

1. The State Election Commissioner is appointed by the Governor.

2. The tenure of the State Election Commissioner is 5 years or till age 65, whichever is earlier.

3. The State Election Commissioner can be removed only on grounds and procedure similar to High Court Judges.

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

Answer 1

Answer:

D. All of the above

State Election Commission

• Appointment of State Election Commissioner: The Governor of the respective state appoints the State Election Commissioner. This ensures a state-level authority for conducting local body elections.

• Tenure of Office: The term of office for a State Election Commissioner is typically fixed, often for a period of five years or until they attain the age of 65 years, whichever comes first. However, specific tenures can vary slightly based on state-specific laws.

• Removal from Office: The removal process for a State Election Commissioner is stringent and similar to that of a Judge of a High Court. This means they can only be removed on grounds of proven misbehavior or incapacity, through an address by each House of the State Legislature, passed by a special majority. This provision ensures the independence and impartiality of the office.

• Constitutional and Statutory Basis: While the Election Commission of India is a constitutional body under Article 324, State Election Commissions are established by state legislatures under Part IX (for Panchayats) and Part IX-A (for Municipalities) of the Constitution, as mandated by Articles 243K and 243ZA respectively.

• Functions: State Election Commissions are responsible for conducting elections to Panchayats and Municipalities within their respective states. This includes preparing electoral rolls, delimitation of wards, and notifying election schedules.

• Independence: The provisions for appointment, tenure, and removal are designed to safeguard the independence of the State Election Commissioners from executive influence, ensuring fair conduct of local elections.