Question

Regarding the State Election Commissions (SECs), which of the following statements is/are true?

1. SECs are appointed by the Governor of respective states as per Article 243K.

2. They supervise elections to municipalities and Panchayats, independent of the Central Election Commission.

3. The term of office for State Election Commissioners is 6 years as fixed by the Parliament.

4. Removal of State Election Commissioner follows the same procedure as removal of a High Court judge.

• A. 1, 2 and 4 only
• B. 1 and 3 only
• C. 2 and 4 only
• D. All of the above

Answer 1

Answer:

A. 1, 2 and 4 only

State Election Commissions (SECs)

• The State Election Commissions (SECs) are constitutional bodies established under the 73rd and 74th Constitutional Amendment Acts of 1992.
• They play a crucial role in ensuring free and fair elections to local self-governing bodies in states.

Constitutional Provisions

• Article 243K deals with the constitution of the State Election Commission for Panchayats.
• Article 243ZA deals with the constitution of the State Election Commission for Municipalities.

Appointment of State Election Commissioner

• The State Election Commissioner (SEC) is appointed by the Governor of the respective state. (This confirms statement 1 as true.)

Functions and Jurisdiction

• The State Election Commission is solely responsible for the superintendence, direction, and control of the preparation of electoral rolls and the conduct of all elections to the Panchayats (rural local bodies) and Municipalities (urban local bodies). (This confirms statement 2 as true.)
• It functions independently of the Election Commission of India (ECI) for these specific elections. The ECI handles elections to Parliament, State Legislatures, and the offices of President and Vice-President.

Term of Office and Conditions of Service

• The term of office and conditions of service of the State Election Commissioner are determined by the State Legislature. (This makes statement 3 false, as it states Parliament fixes the term, which is incorrect.)
• These provisions typically vary from state to state. For instance, many states prescribe a tenure of 5 years or until the age of 65 years, whichever is earlier.

Removal Procedure

• The State Election Commissioner can be removed from office in the same manner and on the same grounds as a Judge of a High Court. (This confirms statement 4 as true.)
• The procedure for removing a High Court judge is a complex process that requires a resolution passed by both Houses of Parliament with a special majority (i.e., a majority of the total membership of that House and a majority of not less than two-thirds of the members of that House present and voting).
• This stringent removal process is designed to safeguard the independence of the State Election Commissioner.