Question

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

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

2. The term of office for the State Election Commissioner is 5 years or until the age of 65.

3. The State Election Commission is responsible for elections to local self-government bodies.

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

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

Answer 1

Answer:

A. 1, 2, and 3 only

State Election Commission

• Constitutional Basis: While the Election Commission of India is a constitutional body, the State Election Commissions (SECs) are established under Article 243K of the Constitution for Panchayats and Article 243ZA for Municipalities.

• Appointment: The Governor of the respective state appoints the State Election Commissioner. This appointment is crucial for ensuring the autonomy of the election process at the state level.

• Tenure and Removal:

  • The tenure of the State Election Commissioner is typically 5 years or until they attain the age of 65 years, whichever is earlier. The exact tenure can vary slightly based on state-specific laws.

  • The removal of a State Election Commissioner is a rigorous process. They can be removed from office in the same manner and on the same grounds as a Judge of a High Court, which involves impeachment proceedings passed by both Houses of the State Legislature. This ensures independence from arbitrary removal.

• Functions and Responsibilities:

  • The primary role of the SEC is to superintend, direct, and control the preparation of electoral rolls and the conduct of elections to Panchayats and Municipalities (local self-government bodies) within the state.

  • They are responsible for ensuring free, fair, and impartial elections at the grass-roots level, which is vital for the functioning of democratic decentralization.

  • The SEC does not conduct elections for the State Legislative Assembly or the Lok Sabha; these fall under the purview of the Election Commission of India.

• Independence: Provisions for appointment, tenure, and removal are designed to safeguard the independence of the State Election Commissioner from executive interference, ensuring the integrity of local body elections