Question

Which of the following statements are correct regarding the State Election Commission?

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

2. The State Election Commission is responsible for supervising elections to local self-government bodies like Panchayats and Municipalities.

3. The State Election Commissioner is directly accountable to the Election Commission of India.

• A. 1 only
• B. 1 and 2 only
• C. 2 and 3 only
• D. 1, 2, and 3

Answer 1

Answer:

B. 1 and 2 only

State Election Commission: Key Aspects for Competitive Exams

• Constitutional/Statutory Basis: The State Election Commission is established by Article 243K and 243ZA of the Constitution of India for Panchayats and Municipalities respectively. It is a constitutional body.
• Appointment and Term:
  • The State Election Commissioner is appointed by the Governor of the respective state.
  • The term of office is determined by the state legislature. While statement 1 mentions 5 years or 65 years, this can vary by state. The key takeaway is that the Governor makes the appointment and the conditions of service are laid down by the state legislature.
• Functions:
  • The primary role is to conduct and supervise elections to the Panchayats and Municipalities within the state. This includes preparing electoral rolls, delimitation of constituencies, and notifying election schedules.
  • It ensures free and fair elections at the local government level.
• Independence and Accountability:
  • The State Election Commissioner enjoys a degree of independence, similar to the Election Commission of India, to ensure impartiality.
  • However, the State Election Commissioner is not directly accountable to the Election Commission of India (ECI). The ECI handles elections to Parliament and state legislatures, while the SEC handles local body elections.
  • The removal of the State Election Commissioner is similar to that of a High Court Judge, requiring a resolution passed by the state legislature on grounds of proved misbehaviour or incapacity.
• Distinction from Election Commission of India (ECI):
  • The ECI is a Union body responsible for elections to the Parliament, State Legislatures, the office of the President, and the office of the Vice-President.
  • The SEC is a State body responsible for local body elections.
  • While both work towards electoral integrity, their jurisdictions are distinct.