Question

Consider the following statements regarding the State Election Commission:

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

2. The term of office is 5 years or until 65 years of age.

3. The State Election Commission is responsible for elections to Panchayats and Municipalities.

4. The State Election Commissioner can be removed by the State Assembly.

Which of the statements are correct?

• A. 1, 2 and 3 only
• B. 1 and 4 only
• C. 2 and 4 only
• D. All are correct

Answer 1

Answer:

A. 1, 2 and 3 only

State Election Commission: Key Aspects for Competitive Exams

• Constitutional Basis: Article 243K and 243ZA of the Constitution of India provide for the establishment of a State Election Commission in each state to conduct elections to Panchayats and Municipalities.
• Appointment: The State Election Commissioner is appointed by the Governor of the respective state. This appointment is crucial for ensuring the independence of the election process at the local level.
• Term of Office: The term of office for the State Election Commissioner is generally fixed by the State Legislature. While not explicitly defined in the Constitution, a common tenure is 5 years or until the incumbent attains the age of 65 years, whichever is earlier. Specific terms may vary by state.
• Independence and Removal: The removal of the State Election Commissioner is a significant aspect. They can only be removed from office in a manner similar to a Judge of a High Court. This involves:
  • Investigation by a committee appointed by the Governor.
  • Proof of misbehavior or incapacity.
  • Removal by an order of the Governor based on the report of such inquiry.
  Crucially, they cannot be removed by a simple vote of the State Assembly, ensuring their independence from political pressure.
• Functions: The primary responsibility of the State Election Commission is to conduct, superintend, direct, and control the preparation of electoral rolls and the actual conduct of elections to:
  • Panchayats (as per Part IX of the Constitution).
  • Municipalities (as per Part IXA of the Constitution).
  This includes delimitation of constituencies, allocation of seats, and all other election-related procedures for these local self-governing bodies.
• Distinction from Election Commission of India (ECI): It is important to differentiate the SEC from the ECI. The ECI is a constitutional body responsible for conducting elections to Parliament, State Legislatures, and the offices of the President and Vice-President. The SEC operates at the state level for local body elections.