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Difficulty: MediumLocal Self-Government: Panchayati Raj and Urban Local Bodies (73rd & 74th Amendments)

Which of the following statements regarding the constitutional bodies created for local self-government under the 73rd and 74th Constitutional Amendment Acts are correct?

  1. The State Election Commissioner is appointed by the Governor of the State and can be removed from office only in the like manner and on the like grounds as a Judge of a High Court.Answer
  2. The State Finance Commission constituted under Article 243-I is tasked with reviewing the financial position of Panchayats and making recommendations for distribution of net tax proceeds.Answer
  3. C
    The conditions of service and tenure of office of the State Election Commissioner are determined by the Union Public Service Commission.
  4. D
    The recommendations of the State Finance Commission are constitutionally binding on the State Government without requiring presentation to the State Legislature.

Answer

The statements confirming that the State Election Commissioner is appointed by the Governor with removal procedures identical to a High Court Judge, and that the State Finance Commission is constituted under Article 243-I to review Panchayat finances, are correct.
Under Articles 243K and 243-I of the Constitution of India, the State Election Commissioner has security of tenure equal to a High Court Judge to ensure independent elections, while the State Finance Commission is constituted by the Governor every five years to advise on local body revenue sharing.

Step-by-Step Solution

1
Analyze Article 243K regarding the State Election Commission.
Article 243K(2) specifies that the Governor appoints the State Election Commissioner and guarantees constitutional protection by allowing removal only in like manner and on like grounds as a High Court Judge.
To verify the appointment authority, tenure protection, and removal procedure for rural and urban election authorities.
2
Examine Article 243-I and Article 243Y regarding the State Finance Commission.
The Governor constitutes a State Finance Commission every 5 years under Article 243-I (and Article 243Y for municipalities) to recommend measures for improving local government finances and distributing revenue.
To confirm the mandate, constitution interval, and financial scope of the commission.
3
Verify state-level legislative powers and laying requirements for constitutional commission reports.
The Governor determines conditions of service subject to state legislative laws (not UPSC), and commission reports must be laid before the State Legislature with an action-taken memorandum.
To identify incorrect statements regarding regulatory control and report submission procedures.

Key Concept

Constitutional Provisions for State Election Commission and State Finance Commission (Articles 243I and 243K)
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Topics

Local Self-Government: Panchayati Raj and Urban Local Bodies (73rd & 74th Amendments)

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